Add Value Choice Legal West Virginia Standby Temporary Guardian Forms For Free

A custodial parent who has been diagnosed as having a terminal condition, as confirmed by a licensed physician, may nominate a standby guardian. A nomination of a guardian may be made: In the petition for the appointment of the guardian or at the hearing on the petition.

Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship.

An order appointing a guardian does not terminate the parental rights of the parents of the minor. A parent may file a petition seeking discharge of the guardian.

How To Make Someone the Legal Guardian of Your Children Ask your chosen guardian if they'd be willing to take on this responsibility. Put a clause in your will regarding who you want as your child's guardian(s). Include an explanation letter in your will explaining your choices.

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

A designation may be approved without a court hearing if there is only one parent. The standby guardian shall have authority to act as guardian upon the occurrence of a triggering event, including the parent's death, incapacity, physical debilitation with consent, or written consent alone.

There may be an unnecessary infringement of the alleged incapacitated person's privacy, freedom and loss of decision-making authority. The appointed guardian may over time become overly protective, dominating and arbitrary.

Powers Granted In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.

If the court finds that the circumstances warrant the appointment of a guardian and that the minor's nominee would be a suitable and appropriate guardian, the appointment shall be made. If the minor's nominee is not appointed, the court may appoint a guardian in the same manner as if the nomination was not made.