This package contains summaries of state laws and links to resources to assist with creating a standby guardianship. A standby guardian is a person appointed by a parent or court to represent the person or estate, or both, of the disabled person or minor child. A standby guardian may be someone who has been appointed by the court as the person who will act as guardian of the child when the child's parents die or are no longer willing or able to make and carry out day-to-day child care decisions concerning the child.
This package contains the following helpful information and forms:
Standby Guardianship - This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the authority of the guardian is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Grounds for Involuntary Termination of Parental Rights - This informational guide reviews State laws that detail the specific circumstances that must be present when a court terminates the legal parent-child relationship.
Online Resources for State Child Welfare Law and Policy - This guide provides links to websites where state statutes and regulations can be accessed and lists the parts of each state and territory's code that contain laws addressing child protection, child welfare, and adoption.
Power of Attorney for the Care and Custody of Child- This Power of Attorney is a form which provides for the appointment of an attorney-in-fact for the care of a child or children, including health care. This Power of Attorney form requires that the signature of the person giving another the power of attorney to be notarized.
Temporary guardianship in Kentucky refers to a legal arrangement where a person or entity is appointed as a temporary guardian to care for and make decisions on behalf of a minor child when their parents are unable to do so. This temporary arrangement is meant to ensure the child's safety, well-being, and continued care during a specific period or until a permanent guardianship arrangement is established. There are different types of temporary guardianship options available in Kentucky, each serving a specific purpose based on the circumstances involved. These types include: 1. Emergency Temporary Guardianship: This type of temporary guardianship is granted when there is an immediate threat to the child's safety or well-being. It is typically issued by the court in urgent situations, such as when the parents are incapacitated, incarcerated, or facing imminent danger. Emergency temporary guardianship allows the appointed guardian to act on behalf of the child for a limited duration until a more permanent solution is determined. 2. Temporary Guardianship by Consent: In certain situations, parents may voluntarily choose to grant temporary guardianship to someone they trust. This can occur when parents anticipate being unable to care for their child due to medical reasons, military deployment, or any other temporary circumstances. By obtaining the consent of the parents, the appointed temporary guardian assumes the responsibility of caring for the child during the agreed-upon duration. 3. Temporary Guardianship by Court Order: When the court determines that temporary guardianship is necessary and the parents are unable or unwilling to give their consent, a judge may grant temporary guardianship through a court order. This typically occurs when there are concerns about the child's safety, neglect, or abuse, or if the parents are unable to provide suitable care due to mental illness, addiction, or other reasons that may endanger the child. Temporary guardianship in Kentucky are regulated by state laws and require specific documentation and procedures to be followed. To establish temporary guardianship, certain steps must be taken, including filing a petition with the court, providing notice to all interested parties, attending a hearing, and presenting evidence to support the need for temporary guardianship. Overall, temporary guardianship in Kentucky serve as a legal protective measure for minors in situations where their parents are unable to provide proper care or when immediate action is required. The different types of temporary guardianship, including emergency temporary guardianship, temporary guardianship by consent, and temporary guardianship by court order, cater to specific circumstances and ensure that the best interests of the child are prioritized. Seek assistance from an experienced family law attorney for accurate guidance and support throughout the temporary guardianship process.
