How can I authorize a relative to make medical decisions for my children while we move?: Practical options in North Carolina - Pennsylvania
The Short Answer
In Pennsylvania, you generally cannot give a relative full “parent-like” authority with a simple medical power of attorney for your child. However, Pennsylvania law does allow a custodial parent (and, in many situations, the other parent as well) to name a temporary guardian in writing for a short period, which can help a relative handle day-to-day decisions—including getting medical care—while you’re in transition.
The safest option depends on whether another parent has rights and is available, how long the move will disrupt your availability, and what decisions your relative may need to make.
What Pennsylvania Law Says
When the goal is to let a trusted relative step in temporarily for a child, Pennsylvania’s “temporary guardian” law is often the most direct fit. It is designed for short-term coverage when a parent can’t be physically present or available, and it requires specific formalities (including witnesses) to be valid.
If your situation is more than a short gap—or if there is disagreement between parents—then a court-based guardianship approach may be necessary, and the paperwork and notice requirements become much more important.
For a deeper discussion of documents families commonly use in these situations, see: What documents let a family member enroll my kids in school or consent to medical care in Pennsylvania?
The Statute
The primary law governing this issue is 23 Pa.C.S. § 5621.
This statute establishes that, in many situations, a custodial parent may designate a temporary guardian in a written document (with required contents and witness signatures), but the ability to do so can depend on whether another parent’s rights are intact, the other parent’s whereabouts are known, and whether that other parent is willing and able to make day-to-day decisions (or whether the other parent consents).
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: A temporary guardianship designation is time-limited and may require follow-up action to extend authority beyond the initial period. Under 23 Pa.C.S. § 5621, the designation contemplates a short-term arrangement (commonly 90 days) tied to a triggering event.
- Burden of Proof: If a hospital, insurer, or provider questions your relative’s authority, you may need documentation that precisely matches the statute’s requirements (proper identification of parties, triggering event, witness signatures, and any required consents).
- Exceptions: If another parent has not had rights terminated and is available and willing to act, your ability to designate a temporary guardian without that parent’s consent may be limited under 23 Pa.C.S. § 5621. That’s where families often run into problems during moves, separations, or informal custody arrangements.
Trying to handle this alone can lead to a document that looks “reasonable” but is not accepted when you need it most—at a pediatrician’s office, urgent care, or hospital registration desk. A Pennsylvania attorney can tailor the paperwork to your custody facts, reduce the risk of rejection, and advise whether a court order is the safer route.
Get Connected with a Pennsylvania Attorney
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.