§44A-5-1. Title
This article may be cited as the “Standby Guardianship Act”.
§44A-5-2. Definitions
(a) “Attending physician” means the physician who has primary responsibility for the treatment and care of a qualified parent. (b) “Designation” means a writing that is: (i) Voluntarily executed in conformance with the requirements of section five of this article, signed by a parent; and (ii) names a person to act as standby guardian. (c) […]
§44A-5-3. Petition for Approval of Standby Guardian; Fees
(a) Upon petition of a parent, functional parent or any person acting on parent's behalf, the circuit court of the county in which a child resides may approve a person as standby guardian for a child of a qualified parent upon the occurrence of a specific triggering event. If requested in the petition, the court […]
§44A-5-4. Circuit Court's Order Approving Standby Guardianship; Authority; When Effective
(a) When a petition is filed by a person other than a parent having custody of the child, the standby guardian may be appointed only with the consent of the qualified parent unless the circuit court finds that such consent cannot be given for medical reasons. (b) Upon consideration of the factors set out in […]
§44A-5-5. Written Designation of a Standby Guardian by a Parent; Commencement of Authority; Approval Required
(a) A parent may execute a written designation of a standby guardian at anytime. The written designation shall be signed by the parent, witnessed by two adults. Another adult may sign the written designation on behalf of the parent if the parent is physically unable to do so, provided the designation is signed at the […]
§44A-5-6. Further Proceedings to Determine Permanent Guardianship
(a) If the triggering event was death of the qualified parent, the standby guardian shall within ninety days of such death, petition for appointment of a guardian for the child as otherwise provided by law or may initiate proceedings to determine legal and physical custody of the child pursuant to article four, chapter forty-eight, or […]
§44A-5-7. Revocation, Refusal and Termination of Standby Guardianship
(a) The authority of a standby guardian approved by the circuit court may be revoked by the qualified parent by his or her filing a notice of revocation with the circuit court. The notice of revocation shall identify the standby guardian or alternate standby guardian to which the revocation will apply. A copy of the […]
§44A-5-8. Review of Standby Guardianship
A child's parent, stepparent, functional parent, adult sibling or any adult related to the child by blood or marriage may petition the circuit court that approved the standby guardian at any time following such approval for review of whether continuation of the standby guardianship is in the best interest of the child. Notice of the […]
§44A-5-9. Petition and Other Records Pertaining to Standby Guardianship Confidential
Upon the filing of a petition requesting the approval of a standby guardian, all pleadings, exhibits and other documents contained in the court file are considered confidential and not open for public inspection, either during the pendency of the case or after the case is closed. The contents of the court file are open to […]