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 is a legal arrangement that allows a designated individual to take responsibility for the well-being and care of a child or children for a specified period of time. In the state of Utah, the Temporary Guardianship Formulary is a specific set of legal documents that must be completed to establish temporary guardianship. These forms serve as a way to ensure that the child's best interests are protected and that both the temporary guardian and the child's parents understand their rights and responsibilities. The Temporary Guardianship Formulary in Utah comprises several forms, each serving a specific purpose. These forms include: 1. Petition for Temporary Guardianship: This is the primary form that initiates the temporary guardianship process. It details the reasons why temporary guardianship is being sought, the proposed duration of the guardianship, and information about the child and the temporary guardian. 2. Consent to Temporary Guardianship: This form is completed by the child's parents or legal guardians, giving their consent for the temporary guardianship arrangement. It outlines their understanding of the temporary nature of the guardianship and acknowledges that they retain certain rights and responsibilities. 3. Temporary Guardian's Acceptance and Oath: This form is completed by the temporary guardian, affirming their willingness to take on the responsibility of caring for the child. It includes an oath in which the temporary guardian swears to exercise their duties in the best interest of the child. 4. Designation of Health Care Provider: This form allows the child's parents or legal guardians to designate a specific healthcare provider for the child during the temporary guardianship period. It ensures continuity of medical care and addresses any specific medical needs the child may have. 5. Termination Notice: This form is used to provide notice to the child's parents or legal guardians that the temporary guardianship is coming to an end. It outlines the date and time of termination and any further instructions for the child's care. It is important to note that the Temporary Guardianship Formulary in Utah is legally binding and must be filled out accurately and completely. These forms provide a framework for establishing temporary guardianship with the necessary safeguards to protect the child's well-being and the rights of all parties involved.
