Pennsylvania: Do I Need Custody or a Power of Attorney for My Grandchild?

The Question Every Kinship Caregiver Asks

The child is living with you. You need to get them into school and to a doctor. Someone tells you to "get custody" and someone else says "just get a power of attorney." They sound like they should be the same thing, but in Pennsylvania they're completely different legal instruments with different costs, different requirements, and different levels of authority.

Here's what each option actually does — and how to decide which one fits your situation.

Option 1: Informal Consent (No Court, No Lawyer)

Pennsylvania has two statutory instruments that let kinship caregivers handle school and medical needs without ever going to court:

Section 1302 sworn statement (24 P.S. § 13-1302) — you file an affidavit stating the child lives with you and you support them gratis. This gets the child enrolled in your local school district. The parent doesn't need to sign it.

Medical Consent Act authorization (Act 52 of 1999, § 3) — a parent, legal guardian, or legal custodian signs a written document delegating medical, dental, and mental health consent authority to you in the presence of two witnesses age 18 or older; you cannot be one of those witnesses, and you also sign as the adult caregiver. It covers the treatment categories stated in the authorization.

Cost: $0 for the authorization itself; an optional notary may charge up to $5 for a common oath, verification, or acknowledgment. Who signs: You sign the 1302; the parent, legal guardian, or legal custodian signs the Medical Consent Act authorization with two adult witnesses present, and you sign as the authorized caregiver. What it covers: Together, the Section 1302 statement supports school enrollment, while the Medical Consent Act authorization covers the medical, surgical, dental, developmental, mental-health, or other treatment categories written into it and permitted access to related health and insurance records. What it doesn't cover: Financial decisions for the child, PennDOT driver's licensing or passport authority by itself, or permanent custody rights. The Medical Consent Act authorization covers only the healthcare categories or specific treatment it describes.

For most caregivers who have a cooperative parent, this is enough.

Option 2: Standby Guardianship (Parental Crisis)

Under 23 Pa.C.S. § 5611, a custodial parent, legal custodian, or legal guardian can make a written standby-guardian designation for a statutory triggering event, such as incapacity, debilitation with consent, or death. The designator must sign in the presence of two witnesses age 18 or older who are not otherwise named in the designation, and the standby guardian must sign consent. The other parent's consent is required if that parent has rights, is locatable, and is willing and able to make day-to-day care decisions.

Act 88 of 2018 created a separate court-approved temporary-guardianship process for a family member when a custodial parent enters a rehabilitation facility for drug or alcohol treatment or is subject to emergency medical intervention due to substance use. The initial court-ordered period is no more than 90 days; extensions may be up to 90 days each, with a 365-day total limit.

Cost: There is no notary requirement for the designation. Court filing fees vary by county; check the local Court of Common Pleas fee schedule before filing. Who signs: The parent, legal custodian, or guardian who makes the designation, plus two witnesses age 18 or older who are not named in the designation; the standby guardian and any required other parent also sign consent. What it covers: Shared custody as a co-guardian after the triggering event, or guardianship after the designator's death; the designation's authority and any court order control. What it doesn't cover: Anything before the trigger event. If the court has not approved the designation before the trigger, the standby guardian must file a petition for approval within 60 days. If filed on time, temporary authority continues while the court considers the petition.

Best for caregivers preparing for a parent's incapacity, debilitation with consent, or death. Incarceration alone is not a statutory standby-guardianship trigger; an eligible parent can still use a Medical Consent Act authorization for healthcare delegation.

Option 3: Formal Custody Order (Court of Common Pleas)

A custody order is a judicial decree from the Family Division of the Court of Common Pleas. Under 23 Pa.C.S. § 5324, a person who stands in loco parentis may file. A grandparent who does not stand in loco parentis must have begun the relationship with the parent's consent or a court order, assume or be willing to assume responsibility, and meet one of these conditions: the child is dependent; the child is substantially at risk because of parental abuse, neglect, drug or alcohol abuse, or incapacity; or the child lived with the grandparent for at least 12 consecutive months and was removed by the parents, with the action filed within six months of removal. Act 21 of 2018 added a separate route for a non-parent who proves by clear and convincing evidence that they have assumed or are willing to assume responsibility, have a sustained, substantial, and sincere interest in the child's welfare, and neither parent has any form of care and control. That route does not apply if a dependency proceeding has been initiated or is ongoing, or if a permanent legal custody order is in place.

Cost: Court filing fees vary by county; check the local fee schedule. Attorney fees also vary. Legal aid organizations may represent income-eligible caregivers for free. Process: File a custody complaint, serve the parents, attend a conciliation conference and/or hearing before a judge. What it covers: Legal custody (major life decisions), physical custody (where the child lives), or both. Schools, healthcare providers, insurers, and agencies may ask for a current or certified copy and will apply the terms of the order. What it doesn't cover: Doesn't terminate parental rights. The parent can petition to modify the order if their circumstances change.

How to Decide

Most kinship caregivers start with informal consent because it's free, fast, and handles the immediate crisis — getting the child into school and to a doctor. If the arrangement becomes long-term and the parent becomes less available, upgrading to a custody order provides stability and broader authority.

Understanding the Full Picture

The Pennsylvania consent guide compares every instrument side by side — what each one authorizes, who needs to sign, how long it lasts, and when one stops being enough. It includes a decision flowchart that walks you through your specific circumstances to the right document.

See more Pennsylvania guides →