Every State permits transfer of guardianship authority over a child from a parent to another adult. A traditional guardianship is used to provide for the care of a child in the event of the parent’s death or permanent disability and is generally regarded as a permanent transfer of custody and authority from the parent to the guardian. One of the more recent approaches to transferring custody is facilitated through standby guardian laws. Many States developed these laws to address specifically the needs of families living with HIV or other disabling conditions and terminal illnesses who desire to plan a legally secure future for their children. Approximately 21 States and the District of Columbia have made statutory provisions for standby guardianships.
