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.
Virgin Islands Standby Guardianship Guide
State:
Multi-State
Control #:
US-ADOP6
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PDF
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How to fill out Standby Guardianship Guide?
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FAQ
Follow these steps to start a guardianship case: Fill out the forms. You have to fill out 4 forms to start your case, and you need to get a doctor to fill out a physian's certifiate. File the forms. Turn in your completed forms by mail or efiling. Serve the adult, the relatives, and other required people.
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.
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.
Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.
Tell them why you think they would be a good parent for your child if anything were to happen to you. You may also want to share your list of values to make sure they're on the same page when it comes to raising your child. If they ask for more information, take this as a good sign.
Who Can Be a Legal Guardian of a Minor? A court-appointed legal guardian of a minor must be qualified to serve in that capacity. Furthermore, a legal guardian of a minor must be at least 18-years-old without any conviction of felonies or misdemeanors.
People other than parents can sometimes be guardians, but they must have a court order naming them a guardian. A person who wants to become a guardian of a child must provide the court with information about their plans for the care of the child and about their history.
Kinship Guardianship Assistance Payment (Kin-GAP) ? Kin-GAP is a cash aid program that supports eligible relative caregivers in California who are unable or unwilling to adopt but instead become legal guardians as the permanency option for exiting the child welfare system.