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 in Pennsylvania without parental consent refers to a legal arrangement where a third party assumes temporary care and responsibility for a child without obtaining the consent of the child's parents. This situation may arise when there are concerns regarding the child's safety, welfare, or well-being, and the parents are unable or unwilling to provide proper care. Under Pennsylvania law, there are several types of temporary guardianship without parental consent: 1. Emergency Temporary Guardianship: This type of guardianship is granted when there is an immediate risk to the child's health or safety, and it is necessary to take quick action. Typically, this form of guardianship is granted by a court and is valid for a short period of time until a more comprehensive temporary guardianship can be established. 2. Kinship Care: Kinship care refers to temporary guardianship where a child is placed with a relative or close family friend, known as a kinship caregiver. In such cases, a kinship caregiver temporarily assumes parental responsibilities until the child's parents can provide adequate care or a more permanent guardianship arrangement is determined. 3. Shelter Care: Shelter care is a type of temporary guardianship typically granted by the juvenile court system. It involves placing a child in a secure facility, such as a shelter or foster care, when there are concerns of abuse, neglect, or abandonment. The goal of shelter care is to ensure the child's immediate safety and well-being while legal matters are resolved. 4. Respite Care: Respite care refers to temporary guardianship when a child's primary caregiver, such as a parent or legal guardian, needs a brief break from their caregiving responsibilities. The child may be temporarily placed with a trusted individual or in a licensed respite care facility to ensure their well-being during the parent or guardian's absence. 5. Court-Appointed Guardianship: In some cases, a court may appoint a temporary guardian for a child without parental consent. This type of guardianship is typically granted when the court determines that it is in the child's best interest to be placed under the care of a responsible adult for a limited period, often until the parents are able to meet certain requirements set by the court. It is important to note that temporary guardianship without parental consent is a complex legal matter, and it is crucial to consult with an attorney or seek legal advice to understand the specific laws and procedures in Pennsylvania.
