Standby Guardianship

Series Title:  State Statutes
Author(s):  Child Welfare Information Gateway
Year Published:  2015
Current Through:  February 2015
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To access the statutes for a specific State or territory, visit the State Statutes Search.

This publication examines State standby guardianship laws in which a parent may transfer guardianship of his or her child to a specific person under certain conditions. Many States developed these laws specifically to address the needs of parents living with HIV/AIDS, other disabling conditions, or terminal illnesses who want to plan a legally secure future for their children. A standby guardianship differs from traditional guardianships in that the parent retains much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship.

Table of Contents

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Suggested Citation: Child Welfare Information Gateway. (2015). Standby guardianship. Washington, DC: U.S. Department of Health and Human Services, Children's Bureau.

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.