Pennsylvania Act 2000-59 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - AMEND
                  Act of Jun. 22, 2000, P.L. 443, No. 59              Cl. 23
                             Session of 2000
                               No. 2000-59

     SB 1275

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for persons
        qualified to solemnize marriages and for the definitions of
        "designation" and "designator"; and providing for the
        designation of a standby guardian.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 1503(a) of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 1503.  Persons qualified to solemnize marriages.
        (a)  General rule.--The following are authorized to solemnize
     marriages between persons that produce a marriage license issued
     under this part:
            (1)  A justice, judge or district justice of this
        Commonwealth.
            (2)  A former or retired justice, judge or district
        justice of this Commonwealth who is serving as a senior judge
        or senior district justice as provided or prescribed by law.
            (3)  An active or senior judge or full-time magistrate of
        the District Courts of the United States for the Eastern,
        Middle or Western District of Pennsylvania.
            (4)  An active, retired or senior judge of the United
        States Court of Appeals for the Third Circuit who is a
        resident of this Commonwealth.
            (5)  A mayor of any city or borough of this Commonwealth.
            (6)  A minister, priest or rabbi of any regularly
        established church or congregation.
        * * *
        Section 2.  The definitions of "designation" and "designator"
     in section 5602 of Title 23 are amended to read:
      § 5602.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        * * *
        "Designation."  A written document naming the standby
     guardian. A parent, a legal custodian or a legal guardian may
     designate an alternate standby guardian in the same writing.
        "Designator."  A parent, a legal custodian or a legal
     guardian who appoints a standby guardian.
        * * *
        Section 3.  Section 5611 of Title 23 is amended to read:
      § 5611.  Designation.
        (a)  General rule.--A custodial parent, a legal custodian or
     legal guardian may designate a standby guardian by means of a
     written designation unless the minor has another parent or
     adoptive parent:
            (1)  whose parental rights have not been terminated or
        relinquished;
            (2)  whose whereabouts are known; and
            (3)  who is willing and able to make and carry out the
        day-to-day child-care decisions concerning the minor.
        (b)  Exception where other parent consents.--Notwithstanding
     subsection (a), a parent, legal custodian or legal guardian may
     designate a standby guardian with the consent of the other
     parent.
        (c)  Contents.--
            (1)  A designation of a standby guardianship shall
        identify the custodial parent, legal custodian or legal
        guardian making the designation, the minor or minors, any
        other parent, the standby guardian and the triggering event
        or events upon which a named standby guardian shall become a
        coguardian or guardian. If desired, different standby
        guardians may be designated for different triggering events.
        The designation shall also include the signed consent of the
        standby guardian and the signed consent of any other parent
        or an indication why the other parent's consent is not
        necessary.
            (2)  The designation shall be signed by the designating
        parent, legal custodian or legal guardian in the presence of
        two witnesses who are 18 years of age or older and not
        otherwise named in the designation, who shall also sign the
        designation. If the parent, legal custodian or legal guardian
        is physically unable to sign the designation, the parent,
        legal custodian or legal guardian may direct another person
        not named in the designation to sign on the parent's, the
        legal custodian's or the legal guardian's behalf in the
        presence of the parent, legal custodian or legal guardian and
        the witnesses.
            (3)  A parent, legal custodian or legal guardian may also
        but need not designate an alternate in the designation.
            (4)  A designation may but need not be in the following
        form:
                I (insert name of designator) do hereby appoint
            (insert name, address and telephone number of standby
            guardian) as the standby guardian of (insert name(s) of
            minor(s)) to take effect upon the occurrence of the
            following triggering event or events (insert specific
            triggering events).
                I hereby revoke all former wills and codicils to the
            extent that there is a conflict between those formerly
            executed documents and this, my duly executed standby
            guardian designation.
                I am the (insert designator's relationship to
            minor(s)) of (insert name(s) of minor(s)).
                (Insert name(s) of minor(s)'s other parent(s)) is the
            father/mother of (insert name(s) of minor(s)).
            His/her address is:_____________________________________
            ________________________________________________________
            (Check all that apply):
            ____ He/she died on (insert date of death).
            ____ His/her parental rights were terminated or
                 relinquished on (insert date of termination or
                 relinquishment).
            ____ His/her whereabouts are unknown. I understand that
                 all living parents whose rights have not been
                 terminated must be given notice of this designation
                 pursuant to the Pennsylvania Rules of Civil
                 Procedure or a petition to approve this designation
                 may not be granted by the court.
            ____ He/she is unwilling and unable to make and carry
                 out day-to-day child-care decisions concerning the
                 minor.
            ____ He/she consents to this designation and has signed
                 this form below.
                By this designation I am granting (insert name of
            standby guardian) the authority to act for 60 days
            following the occurrence of the triggering event as a
            coguardian with me or, in the event of my death, as
            guardian of my minor child(ren).
                Optional:  I hereby nominate (insert name, address
            and telephone number of alternate standby guardian) as
            the alternate standby guardian to assume the duties of
            the standby guardian named above in the event the standby
            guardian is unable or refuses to act as a standby
            guardian.
                If I have indicated more than one triggering event,
            it is my intent that the triggering event which occurs
            first shall take precedence. If I have indicated "my
            death" as the triggering event, it is my intent that the
            person named in the designation to be standby guardian
            for my minor child(ren) in the event of my death shall be
            appointed as guardian of my minor child(ren) when I die.
                It is my intention to retain full parental rights to
            the extent consistent with my condition and to retain the
            authority to revoke the standby guardianship if I so
            choose.
                This designation is made after careful reflection,
            while I am of sound mind.
            _________________________    ___________________________
            (Date)                        (Designator's signature)
            _________________________    ___________________________
            (Witness's signature)         (Witness's signature)
            _________________________    ___________________________
            (Number and Street)           (Number and Street)
            __________________________   ___________________________
            (City, State and Zip Code)    (City, State and Zip Code)
                If applicable:  I (insert name of other parent)
            hereby consent to this designation.
            ____________________      ______________________________
            (Date)                    (Signature of other parent)
            ________________________________________________________
            (Address of other parent)
                I, (insert name of standby guardian) hereby accept my
            nomination as standby guardian of (insert minor(s)'s
            name(s)). I understand that my rights and
            responsibilities toward the minor child(ren) named above
            will become effective upon the occurrence of the above-
            stated triggering event or events. I further understand
            that in order to continue caring for the child(ren), I
            must file a petition with the court within 60 days of the
            occurrence of the triggering event.
            _____________________     ________________________
            (Date)                    (Signature of standby guardian)
        Section 4.  This act shall take effect as follows:
            (1)  This section shall take effect immediately.
            (2)  The amendment of 23 Pa.C.S. § 1503 shall take effect
        immediately.
            (3)  The remainder of this act shall take effect in 60
        days.

     APPROVED--The 22nd day of June, A. D. 2000.

     THOMAS J. RIDGE