Maryland Statutory Designation of Standby Guardian

State:
Maryland
Control #:
MD-P009
Format:
Word; 
Rich Text
Instant download

Description

This is a form provided for by the Maryland Code. A standby guardian is someone whom you appoint to be the temporary guardian of your child(ren) in the event that (1) your doctor concludes that you are mentally incapacitated, and thus unable to care for your child(ren); or (2) your doctor concludes that you are physically debilitated, and thus unable to care for your child(ren). A standby guardian's authority will cease 180 days after beginning unless by that date the standby guardian petitions the court for appointment as guardian. You retain full parental rights even after the beginning of the standby guardian's authority, and may revoke the standby guardianship at any time.
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FAQ

A standby guardianship can be accomplished by parental designation where a parent signs a document entitled Parental Designation and Consent to Beginning the Standby Guardianship (Designation Form) in the presence of two witnesses, which announces the parent's intention to appoint the standby guardian.

Different Ways to Change Guardians The guardian can voluntarily resign if they no longer want to be the guardian. The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.

A legal guardian is a person who has been court appointed to care for another person, and make decisions on their behalf. Essentially, a legal guardian assumes legal responsibility over another person. They have been granted the legal authority to care for their ward's personal and property interests.

A. A guardian can be appointed by court (in case of parents death or parents have abandoned their child) after following proper procedure in court of law or by way of will (testamentary guardian) where parents want someone to act as guardian of their children after their death.

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.

Decide Who Will Administer Your Estate. Someone needs to wrap up your affairs after you pass away. Decide How You Want to Distribute Your Assets. Choose One or More Guardians. Write and Sign Your Will.

This will involve factors such as stability in the child's upbringing, the child's stated preference, the ability of the proposed guardian to provide the child with proper care, the relationship between the parents and the proposed guardian, and any information regarding the moral character of the proposed guardian.

What's the procedure to establish guardianship of a child? You can establish guardianship of a child by filing papers in court. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. You'll also want to file a letter of consent from the child's parents.

A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar.

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Maryland Statutory Designation of Standby Guardian