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 without court in California is a legal arrangement that allows a designated individual to have temporary custody and care of a minor child without going through the formal court process. This type of arrangement is typically employed when a child's parents are unavailable or unable to provide care for a temporary period. One type of temporary guardianship without court in California is known as Voluntary Caregiver Authorization. This allows a parent to grant temporary custody rights to a trusted individual without involving the court system. This type of arrangement is often used when parents need assistance due to illness, military deployment, or other temporary circumstances. Another type of temporary guardianship without court in California is known as a Caregiver's Authorization Affidavit. This option allows a child's caregiver to make important decisions regarding the child's education, healthcare, and general welfare, without obtaining legal guardianship through the court. It is commonly used when a child is staying with a family member or close family friend for an extended period. Temporary guardianship without court in California provides flexibility and ease for parents and caregivers who require temporary custody arrangements, while avoiding the lengthier and more formal court process. This option allows children to be cared for by trusted individuals, maintaining stability and continuity in their lives during times of temporary upheaval. It's important to note that temporary guardianship without court in California is intended for short-term situations and does not grant the same legal rights and responsibilities as formal guardianship granted by a court. It is essential to consult with legal professionals to determine the most appropriate arrangement based on the specific circumstances.
