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.
A guardian ad item, commonly referred to as a GAL, is a legal term used to describe an individual appointed by the court system to investigate, advocate for, and represent the best interests of vulnerable individuals, typically children or incapacitated adults, involved in legal proceedings. Gals serve as the voice of those who may not be able to speak for themselves due to age, disability, or other circumstances. The primary role of a GAL is to gather relevant information regarding the case, including conducting interviews with various parties involved such as the child, parents, teachers, therapists, or healthcare providers. These interviews are conducted to gain a comprehensive understanding of the child's or individual's circumstances, needs, and wishes. Gals conduct thorough investigations by reviewing documents, such as school records, medical reports, or past court records, and visiting relevant settings such as homes, schools, or treatment facilities. They aim to assess the child's or individual's living conditions, educational opportunities, healthcare, emotional well-being, and any potential risks or hardships they may be facing. After gathering all the necessary information, Gals present their findings and recommendations to the court in the form of a written report or directly through verbal testimony. They act as an unbiased advocate, ensuring that the court fully comprehends the individual's needs and interests. GAL reports are crucial in assisting the judges or magistrates to make informed decisions regarding custody, visitation, adoption, guardianship, or other matters related to the well-being of the child or incapacitated adult. In some jurisdictions, there may be different types of Gals to address specific needs or circumstances. These types can include: 1. Child advocate GAL: Appointed specifically to represent the interests of children within child protection or dependency cases, where abuse, neglect, or abandonment is alleged. They ensure that the child's voice is heard and advocate for their safety, permanency, and overall well-being. 2. Divorce or custody GAL: Appointed to represent the best interests of children involved in divorce or custody disputes. They assist the court in determining the most suitable custody arrangements, visitation schedules, and other related matters. 3. Probate GAL: Appointed in cases involving incapacitated adults, such as individuals with mental illness, developmental disabilities, or elderly individuals unable to make decisions due to cognitive decline. They advocate for the adult's best interests in guardianship, conservatorship, or other probate matters. 4. Adoption GAL: Appointed to investigate and make recommendations regarding the suitability of individuals or couples seeking to adopt a child. They ensure that prospective adoptive parents meet the necessary criteria and have the ability to provide a stable, loving, and suitable home environment. In conclusion, a guardian ad item is a vital figure within the legal system, responsible for representing and advocating for the best interests of vulnerable individuals involved in legal proceedings. Their objective is to ensure that the court fully understands the unique needs, wishes, and circumstances of those they represent, ultimately aiding the court in making informed decisions that promote the well-being and safety of the individuals involved.
