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1 Standby Guardianship 1 (2018)

handle is hein.scsl/stnby0001 and id is 1 raw text is: Standby Guardianship A legal guardianship is a judicially created relationship between a child and a caregiver that grants to the guardian specific powers and duties with regard to the child's care. While a guardianship is intended to be permanent and self-sustaining, it does not sever the child's legal relationship with his or her parent. Every State permits transfer of guardianship authority over a child from a parent, including an adoptive parent, to another adult when the child has no other parent available to assume responsibility for his or her care and custody. Parents may designate in their will a person to be their child's guardian to provide for the care of the child in the event of the parent's death or permanent disability. Standby guardianship laws provide parents with a way to legally transfer custody of their child during their lifetime, while also allowing them to retain a measure of authority over the child. Many States developed these laws specifically to address the needs of parents living with disabling conditions or terminal illnesses who want to plan a legally secure future for their children. A review of statutes across States indicates that approximately 29 States, the District of Columbia, and the U.S. Virgin Islands have made statutory provisions for standby guardianships.' 1 The word approximately is used to stress the fact that States frequently amend their laws. States that, as of June 2018, have provisions for standby guardianship include Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Maine (effective July 1, 2019), Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wisconsin. #%as Child Welfare U Information Gateway Children's Bureau/ACYF/ACF/HHS 800.394.3366 Email: info@childwelfare.gov https://www.childwelfare.gov

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