Last decade, Democrats and Republicans came together to unanimously pass what is now Act 88 of 2018—a much needed update to our guardianship laws allowing family members to petition for temporary guardianship of a minor when the custodial parent is undergoing treatment for or hospitalization related to a substance use disorder. This legislation was an important step in ensuring the stability of families, but I believe we can do more.
 
While current law allows parents to declare, in advance, a standby guardian in case of incapacity or death, it does not expressly provide the ability to do so in the event of an absence. Whether planned or unplanned, parents across the Commonwealth should be able to designate, in advance, a standby guardian in the event of their absence to prevent uncertainty and ensure continuing care for their children. 
 
To close this loophole, I will be re-introducing legislation to amend existing standby guardianship law to allow for a long-term or indefinite absence to qualify as a "triggering event" in the standby guardianship designation to allow parents to plan for the well-being of their children. Please join me in protecting Pennsylvania families.
 

Statutes/Laws affected:
Printer's No. 2979 (Mar 10, 2026): 23-5602