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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.
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