This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Pennsylvania Standby Guardianship Guide
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Multi-State
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US-ADOP6
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FAQ
Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
When an adult of any age is deemed incapacitated by a court, a professional or family guardian may be appointed who is responsible for making certain decisions on their behalf.
When Does a Guardianship Trump a POA? A guardianship could override a power of attorney if the document was not created before a person became incapacitated. The purpose of a guardianship is to appoint an individual to care for a person who cannot care for themselves.
There are two basic types of guardianship. One is a guardian of the estate, and the other is a guardian of the person. A guardian of the estate is responsible for the incapacitated person's finances. A guardian of the person is responsible for the incapacitated person's health, and well-being.
A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.
How is a guardianship proceeding initiated? An interested person may file a petition in the Court of Common Pleas, Orphans Court Division for the appointment of a guardian for a person or the person's estate.