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.
Legal guardianship forms for adults are legal documents that establish a relationship between a guardian and an adult who is unable to make decisions or care for themselves due to physical or mental incapacity. These forms provide a legal framework for the guardian to act on behalf of the adult and make important decisions regarding their personal, financial, and healthcare matters. There are several types of legal guardianship forms for adults that cater to different situations and needs: 1. General Guardianship Form: This is the most common type of legal guardianship form, where the guardian is responsible for making decisions related to all aspects of the adult's life, including personal care, living arrangements, medical decisions, and managing finances. 2. Limited Guardianship Form: This form is used when the adult has some capacity to make decisions, but requires assistance in specific areas or for a limited period. The guardian's role is restricted to those specific areas mentioned in the form. 3. Guardian of the Person Form: This type of guardianship form focuses primarily on the personal care and well-being of the adult. It grants the guardian authority to make decisions regarding the adult's living arrangements, medical treatment, education, and other daily needs. 4. Guardian of the Estate Form: This form specifically appoints a guardian to handle the adult's financial affairs, manage assets, pay bills, and make investment decisions on their behalf. It ensures that the adult's property and financial interests are protected and managed appropriately. 5. Standby Guardianship Form: This type of guardianship form allows a guardian to be designated in advance, so they can step in immediately if the adult becomes incapacitated or unable to make decisions. It provides a smoother transition and avoids delays in taking necessary actions. 6. Emergency Guardianship Form: This form grants temporary authority to a guardian in cases of emergency situations where immediate decisions must be made to protect the adult's health, safety, or assets. 7. Co-Guardianship Form: In certain cases, multiple individuals may be appointed as co-guardians to share the responsibility of decision-making and care for the adult. This form outlines the roles and responsibilities of each co-guardian. Legal guardianship forms empower responsible individuals to act in the best interests of adults who are unable to care for themselves. These forms establish a clear legal relationship and ensure that the adult's needs are met, protecting their rights and well-being. It is important to consult with legal professionals to understand the specific requirements and procedures when dealing with legal guardianship for adults.
