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 guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.
Guam Standby Guardianship Guide
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US-ADOP6
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You do not need to go to court to name someone as a standby guardian for your child. You can name a standby guardian by filling out some simple forms, as long as the other parent of your child agrees to the standby guardianship, or has lost their parental rights by a court order, or has died.
Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.
Florida, New York, and Nebraska have not adopted UAGPPJA.
In Hawaii a minor or incapacitated person can have a Hawaii court appoint a Guardian or a Conservator, or both. A person who has the authority to make (1) health care decisions for the minor or incapacitated person is called a Guardian, and (2) financial decisions for the minor or incapacitated person is a Conservator.
744.309, the court shall appoint any standby guardian or preneed guardian, unless the court determines that appointing such person is contrary to the best interests of the ward. (d) Has the ability to meet the requirements of the law and the unique needs of the individual case.
§5-107 Transfer of jurisdiction. (c) A guardian, conservator, or like fiduciary appointed in another state may petition the court for appointment as a guardian or conservator in this State if venue in this State is or will be established.
Guardianship for minor in Hawaii. A parent may nominate a person to serve as guardian via a Will or other signed writing, but the court can appoint someone other than the testamentary nominee since it will always appoint the person it feels will be in the best interests of the minor.
A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is ?incapacitated? (previously referred to as ?incompetent?).
The Standby Guardianship Act allows a parent to immediately transfer custodial authority to make parent-like decisions to a designated person upon a specified occurrence.
Transferring a guardianship or conservatorship from another state to Utah. To confirm the transfer of a guardianship or conservatorship from another state to Utah, the guardian or conservator must petition the Utah district court to accept the guardianship or conservatorship.