The recent Pennsylvania Superior Court decision published on January 6, 2015, highlights the usefulness and need of parents to appointing a Standby Guardian for minor children. This case dealt with a minor, J.A., who was injured in the same auto accident as her parent. The incapacitated parent could not make medical decisions for her child. The Allegheny County juvenile court appointed a social agency (KidsVoice) as the medical agent for the child.The Superior Court reversed the decision of the lower court, stating that only a juvenile court or a parent or a standby guardian appointed by the parent may make medical decisions regarding a minor. They said a juvenile court does not have the authority to delegate the decision making to an agency. Another reason the court had appointed the agency as Guardian was because the medical providers disagreed with the medical decisions made by the mother. The Pennsylvania Superior Court acknowledged that the juvenile court may take whatever action is necessary "in the best interest of the child" if the parent is making imprudent decisions, but the court may not delegate that authority. The case was In Re: J.A., No: 15-0059.
Many parents do not realize that, in addition to appointing a guardian for the child in their will, they can appoint a Standby Guardian to make decisions on behalf of their child even if they are only temporarily incapacitated, or even away on vacation.This law, found at 23 Pa.C.S.A. § 5601 et seq. , is appropriately entitled the Standby Guardianship Act. Please contact us or any competent attorney to have one of these documents drawn up.
Bob Gasparro
robert.gasparro@lifespanlegal.com
(484) 451-6612
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