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 forms in Virginia without a notary provide a legal avenue for individuals to grant care and decision-making authority for their children to temporary guardians, without involving a notary. These forms ensure that the child's welfare and security are maintained during the parent or legal guardian's absence or inability to provide care. It is important to understand the different types of temporary guardianship forms available in Virginia without notary: 1. General Temporary Guardianship Form: This form grants the temporary guardian authority over all aspects of the child's physical and emotional well-being, including medical decisions, education, and daily care. It is valid for a designated period or until the parent or legal guardian revokes the temporary guardianship. 2. Emergency Temporary Guardianship Form: This form establishes temporary guardianship in emergency situations where the child's health or safety is at immediate risk. In such cases, the temporary guardian assumes responsibility until the situation is resolved or when the parent or legal guardian regains capacity. 3. Specialized Temporary Guardianship Form: In certain circumstances, parents or legal guardians delegate specific responsibilities to a temporary guardian. This can include granting limited authority over medical decisions, educational choices, or financial matters, depending on the needs of the child and the parents' preferences. 4. Termination of Temporary Guardianship Form: Once the temporary guardianship period has ended, or the parent or legal guardian wishes to terminate it, a termination form is required. This documentation ensures a smooth transition of responsibility and informs the relevant parties that the temporary guardianship is no longer in effect. Virginia state law provides temporary guardianship forms that do not require notarization, making the process more accessible and convenient for parents or legal guardians. However, it is essential to consult with an attorney or obtain legal advice to ensure compliance with Virginia's specific requirements and regulations. Always consider the unique circumstances of the child and the family before choosing and completing the appropriate temporary guardianship form.
