Standby Guardianship - Connecticut

Date: June 2018

Who Can Nominate a Standby Guardian

Citation: Ann. Stat. § 45a-624

A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of §§ 45a-624 to 45a-624g, inclusive.

How to Establish a Standby Guardian

Citation: Ann. Stat. §§ 45a-624; 45a-624b

A designation of a standby guardian shall be in writing and signed and dated by the principal with at least two witnesses. The principal shall provide a copy of such designation to the standby guardian.

The form for a written designation of a standby guardian is provided in § 45a-624b.

How Standby Authority is Activated

Citation: Ann. Stat. §§ 45a-624; 45a-624c; 45a-624e

The designation shall take effect upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation, or death of the principal, provided a written statement signed under penalty of false statement has been executed pursuant to § 45a-624c that such contingency has occurred.

If a designation of a standby guardian is effective at the time of death of the principal, the designation shall remain in effect for a period of 90 days after the principal's death. At the end of the 90-day period, the authority of the standby guardian shall cease, unless the standby guardian files an application for guardianship with the probate court in the district in which the minor resides and temporary custody of the minor is granted to the standby guardian or the court appoints the standby guardian as guardian of the person of the minor.

Involvement of the Noncustodial Parent

Citation: Ann. Stat. § 45a-624a

If both parents are alive at the time the designation is made, both must consent to the designation unless either has been removed as guardian or has had parental rights terminated.

Authority Relationship of the Parent and the Standby

Citation: Ann. Stat. §§ 45a-624d; 45a-624e

When a designation of a standby guardian becomes effective upon the occurrence of a specified contingency, the standby guardian shall have the authority and obligations of a guardian, as defined in § 45a-604(5). That designation shall be effective for a period of 1 year.

The standby guardian's authority ends when the specified contingency no longer exists or after 1 year, whichever is sooner.

Withdrawing Guardianship

Citation: Ann. Stat. § 45a-624f

The principal may revoke a designation of a standby guardian at any time by written notification of the revocation to the standby guardian.

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