Standby Guardianship
 
 
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    Writing a Standby Guardianship  
    Creating a Designation  
       
   

A parent or legal guardian may designate a third party to assume legal custody of a child by executing a "Standby Guardian Designation." The process is similar to writing a will. The Designation must be signed by the parent and the nominated standby guardian and witnessed by two people. The Designation, once executed, does not have to be filed in court to be legally effective as the first step toward standby guardianship. The designator may revoke the designation at any time.

The designation should include:

  • The full name, address, birth date and gender of the child;
  • The full name, address and telephone number of the designator;
  • If known, the name and address of the non-custodial parent;
  • The full name, address and telephone of the standby guardian and the standby guardian alternate, if one designated; and
  • A statement that the standby guardianship designation does not go into effect until a "triggering event" occurs (the designator's debilitation, incapacity or death).

After a triggering event has occurred, the standby guardian has 90 days to petition the Court to be appointed permanent guardian. Even after a triggering event occurs, the parent designator will have concurrent authority over the child as her health permits.

 
       
   
PDF   Questions and Answers about the Standby Guardianship Act of 2002 provides answers to frequently asked questions about the District's Standby Guardianship law.
 
       
     
   


 

 
 
   
     
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