I'm a parent of two minor children, and have just been diagnosed with a terminal illness. I'm concerned about what might happen down the road if I become too ill to care for my kids. Is there a way my sister could be given authority without my losing my rights?

There is a law called the Standby Guardianship Act that was enacted to deal with the situation you describe, if there is no other parent willing or able to make and carry out day-to-day child-care decisions, or if the other parent consents to the appointment of a standby guardian. This law allows you to make long-term plans for your children without terminating or limiting in any manner your parental rights. You would execute a written designation naming your sister as standby guardian, and defining the "triggering event" upon which the appointment would take effect. A petition would have to be filed within 60 days to allow the authority to continue. The statute sets forth very specific requirements, so if this avenue sounds good to you, you will have to meet with an attorney.

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I've been divorced and am about to re-marry. My fiancé wants to adopt my children. How is this done?

Before the children can be adopted the parental rights of their natural father must be terminated. This can be done voluntarily, if he is willing to consent. But if he will not go along, you would have to petition the court to involuntarily terminate his parental rights. The legal standard is quite stringent. You must establish a settled purpose to abandon the children or failure to perform parental duties for at least six months prior to the filing of the petition. The facts of your particular case would have to be carefully evaluated.

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I have decided that I do not want to be kept alive by machines if there's no quality left to my life. I've already told my kids my wishes. Should I have a living will?

It is critical that your desires in this regard be expressed in writing. Living Wills are now valid in Pennsylvania. The "form" living will allows you to answer yes or no to specific treatments you would or would not want if you are terminally ill or in a persistent vegetative state, which essentially means a coma you're not likely to come out of. One of these conditions must exist before the living will can have any effect. This greatly limits the utility of a living will. The document I recommend is a Health Care Power of Attorney and Advance Directive. In this document you appoint an agent to make medical decisions when, and only when, you are unable to make such decisions for yourself. It also functions as a living will, setting forth your wishes in regard to treatment serving only to prolong the dying process, without the limiting requirement that you be terminally ill or in persistent vegetative state. Whichever document you choose, be sure to discuss its contents with your health care providers, and be sure copies are in your medical records. Family members likely to be involved in these decisions, and of course, any agent(s) you appoint to make health care decisions should also have a copy.

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My mother's lease doesn't expire until next September. But she's taken ill and probably will have to move in with me. Doesn't the landlord have to let her out of the lease under these circumstances?

There is no such legal requirement. There may be an early termination provision in the lease, but that's unlikely. If the lease contains no such clause, your mother will have to negotiate with the lessor to attempt to be relieved of her liability under the lease.

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My husband died recently. Should I add a child's name to my bank accounts?

Rather than adding your child's name as a co-owner of the account, I would advise you to give that child power of attorney. By adding a child's name to the account, you're running the risk of paying inheritance tax on your own money if your child should predecease you. The account would also be subject to execution by a judgment creditor of your child. While the jointly titled accounts would not be subject to probate upon your death, neither could any of your other children lay claim to any portion after your death. An alternative that lets you remain in control of the accounts during your lifetime but allows them to pass free of probate (though subject to inheritance tax) is leaving them in your name, "MARY SMITH", "in trust for (ITF) JANE SMITH". As with most estate planning questions, whether your assets are modest or more substantial, you are advised to speak personally with an attorney.

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