Pennsylvania Temporary Guardianship Agreement

Q: Is there a Pennsylvania temporary guardianship agreement a parent can sign without court?

Not a general one. Pennsylvania's only statutory designations are the standby guardian designation (23 Pa.C.S. 5611) and the temporary guardian designation (23 Pa.C.S. 5621). Both are tied to a trigger and to court approval.

Q: Who signs a Pennsylvania temporary guardian designation?

The designating parent signs in the presence of two witnesses aged 18 or older who are not otherwise named in the designation, and the witnesses also sign. The designation must include the signed consent of the person named as temporary guardian.

Q: How long does temporary guardianship last in Pennsylvania?

It is limited to not more than 90 days from entry of the court order. It may be extended for up to 90 additional days on court approval or written agreement of the temporary guardian and the parent in rehabilitation, and the total shall not exceed 365 days.

Q: When can a Pennsylvania parent designate a temporary guardian?

Only where a custodial parent enters drug or alcohol rehabilitation or has emergency medical intervention for drug or alcohol abuse. Deployment, travel and hospitalization generally are not triggers under the temporary guardian provisions.

Q: Does a Pennsylvania designation need a notary?

Neither designation requires a notary. The statute's optional sample form shows notary blocks, and a family member's petition for temporary guardianship requires a notarized signature.

Q: Does the other parent have to consent in Pennsylvania?

The designation must include the signed consent of any other parent, or an indication of why it is not needed. A parent may designate alone unless the other parent's rights are intact, their whereabouts are known and they are willing and able, in which case that parent must consent. All living parents with rights intact must be given notice, or the court may not grant the petition.

Q: What is a Pennsylvania standby guardian?

A standby guardian is named in a written designation under 23 Pa.C.S. 5611 and acts when a triggering event occurs, such as incapacity, debilitation and consent, or death. If no petition is filed within 60 days, the standby guardian loses all authority. If the court approves the petition before the trigger, authority starts automatically when it occurs. A custodial parent, legal custodian or legal guardian may sign the standby designation.

Q: Who can be a temporary guardian in Pennsylvania?

The designation names the person who will serve and must include that person's signed consent. A court-appointed temporary guardian under a petition without a designation must be a family member, meaning a grandparent, aunt, uncle or adult sibling.

No general parent-signed delegation in Pennsylvania; designations need a trigger and court petition.

Find out where you stand in Pennsylvania

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Introduction

A custodial parent in drug or alcohol rehabilitation, or with emergency medical intervention for drug or alcohol abuse, may designate a temporary guardian before two witnesses aged 18+ not named in it. Court orders last up to 90 days, extendable to 365 total.

Key Things to Know

1
Pennsylvania has no general parent-signed temporary-guardianship instrument. The closest are the written designation of a standby guardian (23 Pa.C.S. 5611) and of a temporary guardian (23 Pa.C.S. 5621). The designating parent signs, and the person named signs a consent. Each is tied to a trigger and to court approval. The statute's sample forms may be used but need not be.
2
A temporary guardianship is limited to not more than 90 days from entry of the court order. It may be extended for up to 90 additional days on court approval or written agreement of the temporary guardian and the parent in rehabilitation, and the total shall not exceed 365 days. A standby guardian who is acting loses all authority if no petition is filed within 60 days of the trigger.
3
The designation is signed by the parent before two witnesses aged 18 or older who are not otherwise named in it. It must include the signed consent of the person named, and the signed consent of any other parent or an indication of why it is not needed. Neither designation requires a notary, though the optional sample form shows notary blocks. For a standby designation, the petitioner notifies the persons named within 10 days, and a temporary guardianship runs from a court order.
4
A temporary guardian designation is available only where a custodial parent enters drug or alcohol rehabilitation or has emergency medical intervention for drug or alcohol abuse. Deployment, travel or a hospital stay generally are not triggers. A standby designation starts on incapacity, debilitation and consent, death, or another triggering event stated in the designation.
5
Chapter 56 contains no itemized power list, and this page does not promise that any school or medical provider must accept the document. A temporary guardian may not remove the minor from the United States without the custodial parent's consent and court approval, or from Pennsylvania absent a court order after a hearing. Authority does not divest parental rights.
6
Neither designation is a court guardianship in itself, and the parent keeps parental rights. A standby designation can be revoked before a petition by destroying it and notifying the standby guardian, and after a petition by a written revocation filed with the court. A temporary guardianship ends by court order on listed grounds, such as the parent showing the basis is gone. A court-appointed temporary guardian on a petition without a designation must be a grandparent, aunt, uncle or adult sibling.
7
If this document does not fit your situation, or a longer or court-backed arrangement is needed, see DocDraft's guardianship-of-a-minor-petition page. A court guardianship over a parent's objection is a contested case. For abuse or danger to a child, contact the Pennsylvania child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in Pennsylvania, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

Open the Temporary Guardianship Agreement guide

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DESIGNATION OF TEMPORARY GUARDIAN (Pennsylvania, 23 Pa.C.S. ch. 56, Subchapter C, Section 5621)

This designation is made in writing by a parent. It does not by itself take effect: the temporary guardian's authority runs from a court order of temporary guardianship. It does not end the designating parent's parental rights.

DESIGNATING PARENT I, [DESIGNATING PARENT FULL NAME], of [ADDRESS], am the custodial parent of the minor named below.
MINOR [CHILD FULL NAME], born [CHILD DATE OF BIRTH].
TRIGGERING EVENT I designate a temporary guardian because of the following event: [IF APPLICABLE: I AM ENTERING A DRUG OR ALCOHOL REHABILITATION PROGRAM, PROGRAM NAME AND START DATE] [IF APPLICABLE: I HAVE HAD EMERGENCY MEDICAL INTERVENTION FOR DRUG OR ALCOHOL ABUSE, DATE].
TEMPORARY GUARDIAN I designate [CAREGIVER FULL NAME], of [CAREGIVER ADDRESS], [RELATIONSHIP TO CHILD], as temporary guardian of the minor. The temporary guardian's signed consent appears below.
TERM The temporary guardianship is limited to not more than 90 days from entry of the order of temporary guardianship. It may be extended for up to 90 additional days upon court approval or written agreement of the temporary guardian and the parent in rehabilitation. The total period shall not exceed 365 days.
LIMITS ON AUTHORITY The temporary guardian may not remove the minor from the United States without the consent of the custodial parent and the approval of the court, and may not remove the minor from Pennsylvania absent a court order after a hearing. [IF APPLICABLE: ADDITIONAL LIMITS]
OTHER PARENT [IF APPLICABLE: The other parent, OTHER PARENT NAME, whose rights are intact, whose whereabouts are known and who is willing and able, consents by signing below.] [IF APPLICABLE: The other parent's consent is not signed because REASON CONSENT IS NOT NEEDED.]
REVOCATION The court must terminate the temporary guardianship on the grounds listed in Section 5625, including where I show that the basis for it is gone or where the parent and the temporary guardian agree. [IF APPLICABLE: I revoke this designation on DATE.]

SIGNATURES

Designating parent: ______________________ [PRINTED NAME] Date: [DATE]

Signed in the presence of two witnesses who are 18 years of age or older and not otherwise named in this designation:

Witness 1: ______________________ [PRINTED NAME] Date: [DATE] Witness 2: ______________________ [PRINTED NAME] Date: [DATE]

Consent of temporary guardian: I consent to serve as temporary guardian. ______________________ [PRINTED NAME] Date: [DATE]

[IF APPLICABLE: Other parent's consent: ______________________ [PRINTED NAME] Date: [DATE]] [IF APPLICABLE: NOTARY ACKNOWLEDGMENT: STATE, COUNTY, NOTARY NAME, SEAL AND COMMISSION EXPIRATION]

Pennsylvania Requirements for Temporary Guardianship Agreement

No General Out-of-Court Delegation
Pennsylvania's only statutory parent designations are a standby guardian (23 Pa.C.S. 5611) and a temporary guardian (23 Pa.C.S. 5621), each tied to a trigger and court approval.
Temporary Guardian Trigger
A temporary guardian designation applies where a custodial parent enters drug or alcohol rehabilitation or has emergency medical intervention for drug or alcohol abuse (23 Pa.C.S. 5602, 5622).
90-Day Term, 365-Day Cap
Temporary guardianship is limited to not more than 90 days from entry of the order, extendable by up to 90 days, with a total not over 365 days (23 Pa.C.S. 5624).
Two Adult Witnesses
The designating parent signs before two witnesses aged 18 or older who are not otherwise named in the designation and who also sign (23 Pa.C.S. 5611(c)(2), 5621(c)(2)).
Guardian and Other Parent Consent
The designation includes the signed consent of the person named, and the signed consent of any other parent or an indication why it is not needed (23 Pa.C.S. 5611(c), 5621(c)).
Court Approval by Petition
A standby petition may be filed any time by the designator and the petitioner notifies the persons named within 10 days. A standby guardian loses authority if no petition is filed within 60 days (23 Pa.C.S. 5612, 5613).
Removal From State or Country
A temporary guardian may not remove the minor from the United States without the custodial parent's consent and court approval, or from Pennsylvania absent a court order after a hearing (23 Pa.C.S. 5623(b)).
Revocation and Termination
A standby designation is revoked by destruction and notice before a petition, or by filed written revocation after one. The court terminates a temporary guardianship on listed grounds (23 Pa.C.S. 5614, 5625).

Frequently Asked Questions

Is there a Pennsylvania temporary guardianship agreement a parent can sign without court?

Who signs a Pennsylvania temporary guardian designation?

How long does temporary guardianship last in Pennsylvania?

When can a Pennsylvania parent designate a temporary guardian?

Does a Pennsylvania designation need a notary?

Does the other parent have to consent in Pennsylvania?

What is a Pennsylvania standby guardian?

What can a Pennsylvania temporary guardian not do?

How is a Pennsylvania designation revoked?

Who can be a temporary guardian in Pennsylvania?

Is there an official Pennsylvania form?

Find out where you stand in Pennsylvania

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

Pennsylvania Requirements for Temporary Guardianship Agreement

No General Out-of-Court Delegation

Temporary Guardian Trigger

90-Day Term, 365-Day Cap

Two Adult Witnesses

Guardian and Other Parent Consent

Court Approval by Petition

Removal From State or Country

Revocation and Termination

Frequently Asked Questions