A standby Guardian is a person or persons you, the parent, or guardian, pre-ordains to be your preferred Guardian in the event of several triggering events. Obviously, a Will covers this in the event of death, but not in other circumstances. Several jurisdictions have attempted to address this dilemma through legislation. Washington, D.C. is one such jurisdiction.
The DC Standby Guardian Amendment Act of 2020 allows parents to designate a guardian (usually a relative or trusted friend) to care for their child(ren) when there is a triggering event that renders a parent to become incapable of caring for their children. These triggering events include death, serious illness, immigration deportation or detention. When there is a possibility that a parent won’t be able to care for their child, it’s a nice peace of mind item to allow for a plan to be in place. You should make the plan with someone who can take care of and make decisions for the child. Standby guardianship is a way for parents to make care plans for their child without terminating or limiting their legal rights in any way. The parent can end the standby guardian designation at any time.
This designation should not be a surprise to the intended standby guardian. It is strongly recommended that you discuss this with the candidate and obtain express consent. This blog offers suggestions to help families develop a plan. A key part of the plan is to collect important documents kept in a known location, to ensure the child’s care and well-being.
Below are some suggested documents that parents or guardians should prepare. They should also keep these in a safe place and have accessible for their children’s caregivers:
- A list of family members and close friends – Create a list of alternative caregivers, along with their contact information, and designate any preferred priority. Prepare this list in advance as this may prevent the child from placement in foster care.
- Identification – Organize hard copies of the child’s documents such as a birth certificate, Social Security card, photo identification card, passport.
- Health information – Collect the child’s school health and dental forms, immunization records, and health insurance cards. Make a list of the child’s allergies, medications, and health conditions. Include the contact information for the child’s primary care provider.
- Consent to Treat form – Complete and sign this form to give permission for medical providers to treat the child when they are in someone else’s care.
- Custodial Power of Attorney letter – Sign and provide a copy of this letter. This permits the identified caregiver to make legal decisions for the child.
- School Records – Gather school enrollment documents, report cards, awards or certificates of achievement, and Individualized Education Plan (IEP) or 504 Plan, if applicable.
- Personal information – Pull together pictures of the family with the child, personal notes to child from their parents. Additionally, write down pertinent information about the child. This may include the types of food the child is used to eating, the language the child spoke with the family, and list the child’s favorite activities, hobbies, and interests (e.g., sports, glee club, reading, etc.).
The standby guardianship designation becomes effective as soon as the triggering event occurs. It will last for 90 days without court involvement. However, if standby guardianship is needed for more than 90 days, the person designated as the guardian must file a petition with the court on or before the 90th day requesting the court to enter an order approving the designation of the standby guardian.
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