What is a standby guardianship?

A standby guardianship is a court order in Virginia that allows for a guardian to be appointed for a minor child without the parents’ consent. It is a temporary arrangement that is meant to provide the child with temporary care and protection if the parents are unable or unwilling to do so. This can happen in cases of illness, death, or periods of absence. Standby guardianship is legally binding and allows the appointed adult to make decisions regarding the health, education, and welfare of the child. The guardian has the same rights and responsibilities as if the child was in their own care, including the authority to make decisions about the child’s education, health care, and other important matters. It is important to note that a standby guardianship does not last forever, and it does not strip the parents of their rights as parents. The parents still retain their rights to make decisions for their child, but the court appoints the guardian to make decisions in cases where the parents are unable to do so. Furthermore, the standby guardian is required to inform the parents when making decisions, unless it would not be in the best interests of the child. This is to ensure that the parents are kept informed and occasionally consulted regarding their child’s wellbeing. The guardianship will end once the parents are able to make decisions again or if the court decides that the guardianship is no longer necessary.

Related FAQs

Who is responsible for making medical decisions when there is a guardianship in place?
How do you set up a guardianship?
Can a guardianship be created without going to court?
What is a guardianship for an adult?
What is a legal guardian?
How long is a guardianship in effect?
What are the powers and duties of a guardian?
Can a guardianship be modified once it is established?
What is the process for appealing a guardianship decision?
What is a durable guardianship?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023