Pennsylvania Power of Attorney for a Child When a Parent Is Incarcerated

Getting Paperwork Signed When a Parent Is in Prison

The parent is incarcerated. The child is living with you. School starts in a week, the child needs to see a doctor, and you have no court order. This is one of the most common situations Pennsylvania kinship caregivers face — and the logistics of getting a parent to sign paperwork from inside a correctional facility trip people up more than the law itself.

Pennsylvania law gives incarcerated parents the right to sign legal documents, including Medical Consent Act authorizations and standby guardianship designations. The parent doesn't lose their parental rights because they're in prison. What changes is the process: you can't just hand them a pen across a kitchen table.

Which Document to Use

For most kinship caregivers, you'll use one or both of these:

Medical Consent Act authorization (Act 52 of 1999, § 3) — a parent, legal guardian, or legal custodian signs a written document delegating the healthcare categories it describes in the presence of two witnesses age 18 or older; you cannot be one of those witnesses and must also sign as the adult caregiver. It doesn't require a court appearance or notarization.

Section 1302 sworn statement (24 P.S. § 13-1302) — for school enrollment, this is your affidavit as the caregiver, not the parent's. It attests that the child lives with you and you support them gratis. The parent doesn't need to sign it. So school enrollment can move forward even while you're waiting on the parent's medical consent signature.

Standby guardianship (23 Pa.C.S. § 5611) — for broader authority beyond healthcare, an eligible parent, legal custodian, or legal guardian can designate you as a standby guardian for a statutory triggering event. The designation requires the designator's signature in the presence of two witnesses age 18 or older who are not named in it, plus the standby guardian's signed consent and any required consent from the other parent. If the court has not approved the designation before the triggering event, you must file a petition for approval within 60 days; if filed in time, temporary authority continues while the court considers it.

If you're trying to get the child enrolled in school and to a doctor, file the 1302 sworn statement yourself for enrollment right away, and work on getting the Medical Consent Act authorization signed at the facility in parallel.

How to Get Documents Signed at a Pennsylvania Correctional Facility

The Pennsylvania Department of Corrections (DOC) and county jails have processes for inmates to sign legal documents. Here's the practical sequence:

1. Contact the facility's records department or institutional counselor. Call the main number for the prison or county jail and ask how an incarcerated parent can sign a medical consent authorization and arrange the two witnesses the statute requires.

2. Prepare the document in advance. Fill out the Medical Consent Act authorization completely — your name, the child's name and date of birth, the scope of authority, and spaces for the parent, two witnesses, and your signatures. Leave the parent's signature blank. Send it by mail or through the counselor if the facility permits.

3. Schedule a signing session. In a Pennsylvania Department of Corrections facility, the inmate can request notary service using a DC-135A request to staff member. The Medical Consent Act does not require notarization, but its two-witness requirement still applies; ask facility staff whether they can arrange witnesses and how the parent can return the completed authorization. County jail procedures vary, so ask that jail directly.

4. Ask how long the process will take. Timing depends on facility scheduling and document handling. If the child's needs are urgent, use the 1302 sworn statement for eligible school enrollment and seek prompt medical care; under 35 P.S. § 10104, the emergency provision applies when a physician judges that trying to obtain consent would delay treatment and increase risk to the minor's life or health.

5. Arrange to receive the completed document. Ask the facility which return method it permits. Once you receive the fully signed authorization, keep the original and make copies for the school, doctor's office, and your records.

When the Other Parent Is Available

If the child has two legal parents and only one is incarcerated, the non-incarcerated parent can sign the Medical Consent Act authorization themselves if they have authority to do so. The statute allows a parent, legal guardian, or legal custodian to delegate; it does not require both parents' signatures. This can avoid arranging a facility signing session.

If both parents are incarcerated, one parent with authority may sign; if neither can or will sign, the SeniorLAW Center (1-877-727-7529) or a regional Legal Aid office can discuss court options.

Act 88: When the Parent Is Entering Treatment

If the parent is transitioning from a correctional facility to a rehabilitation facility for drug or alcohol treatment, Act 88 of 2018 lets a family member seek court-approved temporary guardianship. The initial period may not exceed 90 days; extensions may be up to 90 days each, with a total limit of 365 days. This is broader than a Medical Consent Act authorization. Ask the treatment facility's social worker and legal aid about the required designation and court filing.

The Complete Process

The Pennsylvania consent guide walks through every step of getting consent paperwork signed when a parent is incarcerated — the exact documents to prepare, how to work with DOC counselors, what to do while you're waiting for the signed forms to come back, and when the situation calls for a court order instead.

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