• Connecticut
• District of Columbia
• Georgia
• Maryland

Connecticut:

The Law

The Connecticut Standby Guardianship law allows parents to select a guardian for their child by using this form.

• The standby guardian immediately becomes the temporary guardian when the emergency happens.
• Parents keep their parental rights.
• You do not need to go to court.
• It is free to start a standby guardianship.

What Emergencies Qualify?

Including but not limited to:

• Mental incapacity
• Physical debilitation
• Illness
• Death
• Absence from the country

How to Start a Standby Guardianship? 

1. A parent must use this form to choose a standby guardian for their child if an emergency happens (ex. illness, death, or absence from the country).

2. If both parents are alive, they must both sign the standby guardianship form.

3. A copy of the form must be given to the standby guardian.

4. Two people must witness the signing of the standby guardianship form.

5. The standby guardianship starts when the standby guardian signs a written statement that the emergency has happened (included in the form).

How Long Does it Last? 

• Lasts for 1 year or until the emergency is over, whichever happens first.
• If the standby guardian needs to be the guardian for more than a year, they must file a petition with the probate court for the district where the child lives.
• The standby guardian must appear before the probate court once a year to report on the child's well-being.

Other things to know:

• A parent can end the standby guardianship at any time by signing a written revocation document and telling the standby guardian.

Additional Resources:

• Essential Tips for Appointing a Standby Guardian in Connecticut
• Guide for Guardianship in Connecticut from the Law Library

District of Columbia:

The Law

The D.C. Standby Guardianship law allows parents to select a guardian for their child by using this form.

• The standby guardian immediately becomes the temporary guardian when the emergency happens.
• Parents keep their parental rights.
• You must go to court to approve the standby guardianship.
• It is free to start a standby guardianship.
• There are filing fees ($80) to extend standby guardianship.
  • Fee waivers are available.

What Emergencies Qualify?

• Adverse immigration action (arrest, detention, deportation, custody, denial of entry to the US)
• Mental incapacity (must be diagnosed by a doctor)
• Physical debilitation (must be diagnosed by a doctor)
• Illness (must be diagnosed by a doctor)
• Death

How to Start a Standby Guardianship?

• A parent must use this form to choose a standby guardian for their child.
  • If the parent cannot physically sign, another person may sign at the parent's request.
• The form must be signed and dated by the parent in front of 2 witnesses.
  • Witnesses must be 18+ and not the standby guardian.
• Witnesses must also sign the form.
• The standby guardian must sign the form to accept being a standby guardian.
• The standby guardianship begins immediately once the emergency happens.

How Long Does it Last?

• The standby guardianship lasts for 90 days.
• Within 90 days, the standby guardian must submit the Petition for Appointment of Standby Guardian with the Family Court of the Superior Court of the District of Columbia to extend their guardianship.
  • If the other parent is alive, the standby guardian must inform that parent they are petitioning for guardianship of the child.
• The standby guardian must also submit to the court:
  • A copy of the Standby Guardian Designation form the parent originally created.
  • Proof the emergency happened (ex. death certificate, doctor’s note, or documents, photographs, or written statements made under oath from witnesses to the emergency).
  • The child’s birth certificate.
• If the other parent is still alive, the standby guardian must also submit:
  • Proof that a notice of the petition for standby guardianship was given to the other parent.
    • See page 9 of the Petition for Appointment of Standby Guardian for instructions.
  • The other parent's signed consent to the standby guardianship, or the standby guardian can write a statement explaining why the other parent cannot or should not care for the child.

Other things to know:

• A parent can end a standby guardianship any time.
  • If the court has already granted the petition for standby guardianship, the parent would need to file a Notice of Revocation with the court and provide a copy of the revocation to the standby guardian.
• A parent can file a petition for standby guardianship in court at any time before the emergency happens, but custody only transfers after the emergency.

Additional Resources:

• Custodial Power of Attorney and Standby Guardianship--Powerful Tools for Undocumented Immigrants with Children
• Standby Guardianship Packet
• Family Law Pleadings for Self-Represented Litigants

Georgia:

The Law

The Georgia Standby Guardianship law allows parents to select a guardian for their child by using this form.

The Georgia Standby Guardianship law allows parents to select a guardian for their child by using this form.

• When a doctor decides that the parent is having a medical emergency, the standby guardian immediately becomes the temporary guardian
• Parents keep their parental rights.
• You do not need to go to court to choose a standby guardian.

What Emergencies Qualify?

• Physical or Mental Incapacity that leaves the parent unable to care for their child, as determined in writing by a physician or nurse practitioner licensed in Georgia.

How to Start a Standby Guardianship?

1. A parent can use this Standby Guardian Designation form to choose a Standby Guardian for their child 
2. The parent needs to sign the designation in the presence of two witnesses. The standby guardian cannot be a witness. 
3. The standby guardian also needs to sign the designation in the presence of two witnesses. The parents cannot serve as the witnesses. 

How Long Does it Last? 

• The standby guardianship lasts for 120 days. The 120 day period begins when an official, written determination of mental or physical incapacitation is made by a physician or nurse practitioner. 
• The standby guardian must file a Notice of Standby Guardianship with the court after the mental or physical incapacitation has occurred. 
• After the 120 days, the standby guardian must file a Petition to extend the Guardianship

Indiana:

The Law

The Indiana Standby Guardianship law allows parents to select a guardian for their child using this form.

• The standby guardianship begins immediately once the emergency happens.
• There is no need for a court to be involved.
• There is a small notary fee (3-5 dollars), and a $177 filing fee if the standby guardian needs to continue past the 3 months. There are fee waivers available, as explained 
• Parents keep their parental rights. 

What Emergencies Qualify?

• Incapacity, or specifically:
  • Insanity, mental illness, mental deficiency, physical illness, infirmity, habitual drunkenness, excessive use of drugs, incarceration, confinement, detention, duress, fraud, undue influence of others on the individual
  • If they can’t be found
  • If they can’t care for themselves or their property

How to Start a Standby Guardianship? 

1. A parent can use this Standby Guardian Designation form to choose a Standby Guardian for their child
2. The parent needs to sign the designation with a notary present. 
   1. The standby guardian does not need to sign the designation.

How Long Does it Last?

• The standby guardianship lasts for 90 days.
• The standby guardian has to ask the court for permission to continue as the guardian before the 3 months end.

Maryland:

The Law

The Maryland Standby Guardianship law allows parents to select a guardian for their child by using this form.

• When the emergency occurs, the standby guardian immediately becomes the temporary guardian.
• There is no need for a court to be involved.
• Parents keep their parental rights.
• It is free to start a standby guardianship in Maryland.

What Emergencies Qualify?

• Incapacitation
• Debilitation
• Adverse immigration action (such as deportation or detainment by ICE)

How to Start a Standby Guardianship ? 

1. A parent must fill out this Standby Guardianship Designation form in the presence of 2 adult witnesses. 
2. The standby guardian needs to sign the form.
3. The standby guardianship begins once the standby guardian receives documentation that the emergency happened.
4. The parent can end the standby guardianship at any time by this form.

How Long Does it Last? 

• The standby guardianship lasts for 6 months(180 days). 
• The standby guardian has to ask the court for permission to continue as the guardian before the 6 months have ended.

Additional Resources:

• Maryland Courts Standby Guardianship Guide