What Is a Maryland Standby Guardian Designation?
A Maryland standby guardian designation, officially known as the Parental Designation and Consent to the Beginning of Standby Guardianship, assigns an individual as a caretaker for a child. Under MD Estates and Trusts Code § 13-904, the designation takes place upon a specified triggering event.
Maryland law recognizes this designation rather than a minor power of attorney. The guardian makes decisions about the child’s medical, educational, and travel decisions. With a guardian designation, the parents maintain their rights.
Legal Templates’s free Maryland standby guardian designation meets state laws. Use our form to create an effective guardian designation that protects you and your child.
Legal Considerations for a Standby Guardian Designation in Maryland
Creating a standby guardian designation in Maryland requires an understanding of state laws. Consider the following legal guidelines to ensure a valid guardian designation.
Witness Requirements
MD Estates and Trusts Code § 13-904 states that a standby guardian designation requires two witnesses. These witnesses must be over 18 years old and may not be the guardian. A notary acknowledgment can also improve the validity. The principal and the guardian should sign to show their understanding of the arrangement.
Effect
Under MD Estates and Trusts Code § 13-904, a standby guardian designation goes into effect when a specified triggering event occurs. The guardian may exercise their authority after the parent’s incapacity. They can also begin making decisions for the child after the parent becomes debilitated or is subject to adverse immigration action. In these latter two cases, the parent must consent to the beginning of the standby guardian’s authority.
Duration
Once the arrangement begins, the guardian has the right to act for up to 180 days without court involvement. After 180 days, the guardian must file CC-GN-042 (Petition by Standby Guardian) to obtain a judicial appointment to continue their care.
Guardian Authority
Under a Maryland standby guardian designation, the guardian has control over the child’s medical, educational, housing, and travel decisions. These powers take effect upon the guardian’s learning of a triggering event affecting the principal.
Revocation
At any time, if the designation’s creator regains their abilities, they have the right to revoke the terms of the guardianship. This revocation must be in writing and filed with the court that appointed the standby guardian (MD Estates and Trusts Code § 13-903(f)). Form CC-GN-053 (Petition to Revoke Standby Guardianship) is used to notify the court and the standby guardian of the termination.
Sample Maryland Standby Guardianship Designation
Legal Templates’s free and customizable Maryland standby guardianship designation form makes it easy to ensure proper care for your child. Use our form, available to download in PDF or Word format, for state-compliant terms and formatting.
