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Parents may designate in their will a person to be their childs guardian to provide for the care of the child in the event of the parents death or permanent disability. Standby guardianship laws provide parents with a way. to legally transfer custody of their child during their.
35A-1374. (a) A designator may designate a standby guardian by means of a written designation, signed by the designator in the presence of two witnesses at least 18 years of age, other than the standby guardian or alternate standby guardian, who shall also sign the writing.
Two basic types of guardianship are person guardianship and estate guardianship. A guardian of the person is appointed by the court when a disabled individual cannot make or communicate responsible decisions regarding his personal care.
A plenary petition must be filed to seek temporary guardianship. The plenary petition cannot be withdrawn or dismissed without the courts permission. The petitions should be filed at the civil courthouse in the county where the person with a disability or older adult lives.
The standby guardianship designation form enables the parent to plan for the future care of a child(ren), without terminating parental or legal rights, and to give the standby guardian the authority to act in a manner consistent with the known wishes of the designating parent regarding the care, custody, and support of
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ing to Section 11a-5, a standby guardian is someone who has been appointed by the court as the person who will act as guardian of the disabled person when the disabled persons guardian dies or is no longer willing or able to make and carry out day-to-day care decisions concerning the disabled person.
Answer: In Florida, a parent or current guardian can nominate someone to serve as a standby guardian, also known as a pre-need guardian. To do so, the parent must create a written form that declares to the standby guardian. The parent must also sign the document in the presence of two witnesses.
This form can be used by a parent or guardian to designate another person to make day-to-day child care decisions for a minor child. It can be used when a parent or guardian is no longer willing or able to take care of the child.

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