Under the Pennsylvania Standby Guardianship Act, a terminally ill parent can appoint a trusted relative or other caregiver as legal guardian to stand by immediately upon the parent's incapacity or death. A court can approve this person before the parent dies or, if that is not possible, the guardian can step in immediately upon the parent's death before a hearing is held. Before the new law went into effect, there was no legal mechanism to get approval for a future guardian without the parent giving up full legal rights. The law became effective on January 22, 1999.
No Double Dipping in Divorce Cases.
In resolving family economic issues, an asset used to calculate a support order may not be used again as an asset in dividing marital assets. The Superior Court ordered that money included in an individual's income for the purpose of calculating support payments may not also be labeled as a marital asset subject to equitable distribution. Lawyers were cautioned that they must protect their clients' economic interests during both the support and equitable distribution phases of the divorce litigation evaluating the effect of one on the other.
Workers' Compensation Commutation Awards are Marital Property
In a case of first impression, the Pennsylvania Supreme Court has decided that a workers' compensation commutation award is a marital asset if the right to the award accrued during the marriage, even though the purpose of the award is to replace future earnings occurring after the termination of the marriage. This finding places Pennsylvania with the minority of the states that have decided this question and is consistent with the Pennsylvania court's position with reference to personal injury awards. The court has previously held that a personal injury award is marital if the right to receive the award accrued during the marriage even if the award itself is not received until after the marriage has ended.
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