5612 - Petition for approval of a designation.

     § 5612.  Petition for approval of a designation.        (a)  General rule.--A petition for court approval of a     designation under this chapter may be made at any time by filing     with the court a copy of the designation. If the triggering     event has not occurred on or before the time of filing, only the     designator may file the petition. If the triggering event has     occurred on or before the time of filing, the standby guardian     named in the designation may file the petition, and the petition     shall also contain one of the following:            (1)  A determination of the designator's incapacity.            (2)  A determination of the designator's debilitation and        the designator's signed and dated consent.            (3)  A copy of the designator's death certificate.        (b)  Notice.--            (1)  The petitioner shall notify any person named in the        designation within ten days of the filing of the petition and        of any hearing thereon.            (2)  If the petition alleges that a nondesignating parent        cannot be located, that parent shall be notified in        accordance with the notice provisions of the Pennsylvania        Rules of Civil Procedure in Custody Matters. No notice is        necessary to a parent whose parental rights have previously        been terminated or relinquished.        (c)  Jurisdiction.--For purposes of determining jurisdiction     under this chapter, the provisions of Chapter 54 (relating to     uniform child custody jurisdiction and enforcement) shall apply.        (d)  Presumptions.--In a proceeding for judicial appointment     of a standby guardian, a designation shall constitute a     rebuttable presumption that the designated standby guardian is     capable of serving as coguardian or guardian. When the     designator is the sole surviving parent, when the parental     rights of any noncustodial parent have been terminated or     relinquished or when all parties consent to the designation,     there shall be a rebuttable presumption that entry of the     approval order is in the best interest of the child. In any     case, if the court finds entry of the approval order to be in     the best interest of the child, the court shall enter an order     approving the designation petition.        (e)  Approval without hearing.--Approval of the designation     without a hearing is permitted when the designator is the sole     surviving parent, when the parental rights of any noncustodial     parent have been terminated or relinquished or when all parties     consent to entry of the approval order.        (f)  Hearing.--In the event a hearing is required, it shall     be conducted in accordance with the proceedings set forth in     Chapters 53 (relating to custody) and 54.        (g)  Court appearance.--The designator need not appear in     court if the designator is medically unable to appear.     (June 15, 2004, P.L.236, No.39, eff. 60 days)        2004 Amendment.  Act 39 amended subsecs. (c) and (f).        Cross References.  Section 5612 is referred to in sections     5613, 5614 of this title.