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.
California Caregiver's Authorization Affidavit- This form which provides for the appointment of an agent for the care of a child or children, including health care.
Guardianship documents for a child are legal forms that establish a legal relationship between a guardian and a child in situations where the parents are unable or unwilling to fulfill their parental responsibilities. These documents grant the guardian the authority and responsibility to make decisions on behalf of the child, ensuring their well-being and protection. There are various types of guardianship documents that can be established for a child, depending on the specific circumstances: 1. Permanent Guardianship: This type of guardianship grants the guardian long-term legal rights and responsibilities for the child. It is typically used when the parents are permanently unable to care for the child due to death, incapacity, or other reasons. 2. Temporary Guardianship: Temporary guardianship documents are used when a child needs care and supervision for a limited duration. It could arise from the parents' temporary inability to provide adequate care due to illness, travel, or other personal reasons. Temporary guardianship allows the transfer of parental responsibilities until the parents are able to resume their role. 3. Voluntary Guardianship: In some cases, parents may willingly grant guardianship rights to another person. Voluntary guardianship documents give the chosen guardian the authority to make decisions and provide care for the child while the parents maintain their legal rights and responsibilities. 4. Standby Guardianship: Standby guardianship documents apply when parents anticipate or plan for a future event that may result in their inability to care for their child. It allows parents to legally appoint a standby guardian who would assume responsibility for the child's care if and when the event occurs, such as serious illness or military deployment. 5. Emergency Guardianship: In situations where there is an urgent need for immediate care, emergency guardianship documents can be established. This type of guardianship is typically granted by a court and enables a temporary guardian to act swiftly and take necessary actions to safeguard the child's well-being. Guardianship documents for a child should be drafted with the assistance of legal professionals to ensure they comply with the applicable laws and accurately reflect the intentions and best interests of the child. These documents provide a legal framework to ensure that the child is adequately protected and cared for in situations where parental care is unavailable or inadequate.
