What documents should I prepare so a family member can enroll my kids in school or take them to the doctor? - Pennsylvania
The Short Answer
In Pennsylvania, there isn’t one universal “school and doctor” form that automatically gives a relative full legal authority over your children. In many situations, families use a written authorization plus supporting records, but if the caregiver needs clear, legally recognized decision-making authority (especially for medical decisions or ongoing school issues), you may need a court-ordered guardianship or another formal legal arrangement.
What Pennsylvania Law Says
Under Pennsylvania law, a court can appoint a guardian of a minor when a non-parent needs legal authority to act for the child. The Orphans’ Court has jurisdiction to appoint a guardian for a minor, generally in the county where the minor resides. This matters because schools and medical providers often want documentation showing who has legal authority to make decisions, access records, and consent to care.
The Statute
The primary law governing where a minor guardianship is handled is 20 Pa.C.S. § 5111.
This statute establishes that a guardian of the person (and/or estate) of a minor may be appointed by the court of the county where the minor resides, which is typically the starting point when a family member needs recognized authority to make decisions for a child.
If your situation involves a parent’s military deployment, Pennsylvania also has a specific delegation option by power of attorney in limited circumstances. See 51 Pa.C.S. § 4614.
For broader planning, it can also be helpful to understand how Pennsylvania treats health care powers of attorney and execution requirements (for adults), because medical providers are documentation-driven. See 20 Pa.C.S. § 5452 (execution requirements for a health care power of attorney).
Why You Should Speak with an Attorney
While the statutes provide the framework, getting a school district or medical provider to accept a relative’s authority in the real world is rarely simple. Outcomes often depend on:
- Strict Documentation Standards: Schools and providers may require specific language, proof of identity, and proof of the child’s residence, and they may reject informal letters that don’t clearly address consent and records access.
- Burden of Proof: If a non-parent is acting, you may need to show why the parent is unavailable or why the arrangement is necessary—especially if the caregiver needs to make ongoing medical decisions.
- Exceptions and Custody Conflicts: If another parent has custody rights or there is an existing custody order, the “wrong” document (or the wrong wording) can trigger disputes, delays, or refusal by the school/provider.
Because guardianship and delegated authority affect parental rights and third-party liability, it’s worth having a Pennsylvania attorney tailor the documents to your situation and advise whether a court order is the safer route.
If you want background on related planning tools, you may also find this helpful: How do I set up a medical (health care) power of attorney before surgery in Pennsylvania?
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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.