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.
Title: Temporary Guardianship Form in North Carolina without an Attorney Introduction: Exploring Temporary Guardianship Forms in North Carolina without an Attorney Description: Temporary guardianship refers to a legal arrangement where a designated individual assumes responsibility for the care, welfare, and decision-making authority of a minor child for a limited period. In North Carolina, individuals seeking temporary guardianship have the option to complete the necessary documentation without the involvement of an attorney. This article will provide a detailed understanding of temporary guardianship forms in North Carolina, highlighting the various types available. 1. Consent to Temporary Guardianship: The Consent to Temporary Guardianship form in North Carolina without an attorney is typically utilized when the child's parent(s) or legal guardian(s) voluntarily agree to establish a temporary guardian for the child. This form outlines the specific terms, duration, and responsibilities of the temporary guardian while ensuring compliance with North Carolina state laws. 2. Petition for Temporary Guardianship: The Petition for Temporary Guardianship form is an alternative option when the child's parent(s) or legal guardian(s) are unavailable, incapacitated, or unable to provide appropriate care. This document enables interested parties to seek temporary guardianship through the judicial system, ensuring that the child's best interests are safeguarded. 3. Affidavit of Parentage and Consent: If the paternity of the child is in question, the Affidavit of Parentage and Consent form may be necessary for establishing temporary guardianship. This document requires the biological father's acknowledgment of parentage and consent for temporary guardianship in conjunction with the child's mother. 4. Personal Appearances Waiver: The Personal Appearances Waiver form can be used in specific situations where both the petitioner and the child's parent(s) or legal guardian(s) voluntarily waive their right to appear in court during the temporary guardianship proceedings. This form streamlines the process and allows the court to consider the documentation provided without requiring in-person appearances. Conclusion: When seeking temporary guardianship in North Carolina without an attorney, several forms cater to specific scenarios and requirements. These include the Consent to Temporary Guardianship, Petition for Temporary Guardianship, Affidavit of Parentage and Consent, and Personal Appearances Waiver. By understanding the purpose and intricacies of these forms, individuals can confidently navigate the temporary guardianship process while ensuring the child's well-being and legal compliance.
