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.
A temporary guardianship form for a minor child is a legal document that allows parents or legal guardians to grant temporary custody and decision-making authority over their child to another responsible adult. This form is typically used when parents or legal guardians need to be temporarily absent due to unforeseen circumstances such as illness, travel, military deployment, or other personal reasons. Temporary guardianship forms ensure that the child's needs, welfare, and best interests are adequately addressed during the parent's absence. They provide legal protection and establish clear guidelines for the temporary guardian to follow, including rules relating to healthcare, education, religious practices, and general day-to-day care. There are several types of temporary guardianship forms for minor children, each serving different purposes or tailored to specific situations. Some common variations include: 1. Temporary Guardianship Authorization Form: This form authorizes a designated individual, such as a grandparent, aunt, uncle, or family friend, to assume temporary guardianship responsibilities. It outlines the duration of the temporary guardianship and grants the temporary guardian authority to make decisions on behalf of the child during this period. 2. Medical Consent and Temporary Guardianship Form: This form is focused primarily on medical decision-making and grants temporary guardianship solely for medical purposes. It allows a designated person to provide consent for medical treatment, emergency care, or necessary surgeries when the parent or legal guardian is unavailable. 3. Temporary Guardianship Consent Form: This form is often used when a child's parents or legal guardians need to travel internationally or for an extended period. It grants temporary custody to a trusted individual or family member and outlines specific provisions regarding housing, education, travel, and other important considerations. 4. Limited Power of Attorney for Temporary Guardianship: This form grants limited decision-making authority to a designated temporary guardian. It is commonly utilized when a parent or legal guardian needs assistance with specific tasks or responsibilities, such as signing legal documents, making financial transactions, or enrolling the child in a particular school. It's important to note that the specific names and requirements of temporary guardianship forms may vary by jurisdiction. Consultation with an attorney or legal professional is recommended to ensure compliance with applicable laws and regulations.
