The standby guardianship creates the opportunity for a parent or guardian or custodian that is suffering from a progressive and/or chronic condition or terminal illness to make an appropriate pan for the permanent future care of temporary/interim care of a minor without terminating their own parental rights or legal rights in relation to the child.
Every state in the nation allows the transfer of guardianship authority over a child from a parent (including an adoptive parent) to another adult if the child has no other parent available to assume responsibility for care and custody of the minor. Traditional guardianships provide for a child’s care in the event of a parent’s death or a parent’s permanent disability. The traditional guardianship is also generally regarded as a permanent transfer of both custody and authority from the parent to …show more content…
• Guardianships may continue after a parent’s death.
• A parent retains much control over the guardianship. They may determine when the guardianship begins, although the standby guardianship may begin automatically if the parent becomes seriously ill or incapacitated.
• A parent can withdraw authority if the standby guardianship does not work to the parent’s satisfaction.
• The parent shares decision making responsibility with the guardian.
• During the parent’s lifetime the guardian should be in the background embracing responsibility as necessary and stepping back when the parent is feeling capable of handing the responsibilities of caring for the child.
• Courts examine facts relevant to the specific family when creating court orders for standby guardianships. These court orders are supported by the authority of a court.
If you need assistance creating a standby guardianship or you need to find out how a standby guardianship could be of use in your situation, please contact one of the experienced guardianship law attorneys at SHERIDAN LARSON, PLLC
Every state in the nation allows the transfer of guardianship authority over a child from a parent (including an adoptive parent) to another adult if the child has no other parent available to assume responsibility for care and custody of the minor. Traditional guardianships provide for a child’s care in the event of a parent’s death or a parent’s permanent disability. The traditional guardianship is also generally regarded as a permanent transfer of both custody and authority from the parent to …show more content…
• Guardianships may continue after a parent’s death.
• A parent retains much control over the guardianship. They may determine when the guardianship begins, although the standby guardianship may begin automatically if the parent becomes seriously ill or incapacitated.
• A parent can withdraw authority if the standby guardianship does not work to the parent’s satisfaction.
• The parent shares decision making responsibility with the guardian.
• During the parent’s lifetime the guardian should be in the background embracing responsibility as necessary and stepping back when the parent is feeling capable of handing the responsibilities of caring for the child.
• Courts examine facts relevant to the specific family when creating court orders for standby guardianships. These court orders are supported by the authority of a court.
If you need assistance creating a standby guardianship or you need to find out how a standby guardianship could be of use in your situation, please contact one of the experienced guardianship law attorneys at SHERIDAN LARSON, PLLC