Standby guardianship: a viable legal option for the future care of children.
In 1992, the standby guardianship law, a significant piece of legislation, was enacted in New York State. Amended in 1994, this law enables parents who have progressively chronic or irreversibly fatal illnesses to petition the court to appoint a standby guardian or to sign a designation naming a standby guardian. The authority of the standby guardian does not become operative until the parent dies, is incapacitated, or consents. The law was passed in response to the inadequacies in existing legal mechanisms in planning future care for children whose parents are likely to die prematurely. This article presents a case example, the background of the legislation, the provisions of the law, and legislation enacted or pending in other states and in Congress.
Herb
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Division of Humanities in Medicine, SUNY Health Science Center, Brooklyn, USA.
D000293:Adolescent; D000328:Adult; D002648:Child; D002655:Child Custody / Q000331:legislation & jurisprudence*; D002669:Child Welfare / Q000331:legislation & jurisprudence; D016241:Child of Impaired Parents / Q000331:legislation & jurisprudence*; D005260:Female; D015658:HIV Infections; D006801:Humans; D007872:Legal Guardians / Q000331:legislation & jurisprudence*; D009518:New York; D014481:United States