Standby Guardianship: A Safety Net for Your Family
Standby Guardianship: A Safety Net for Your Family
A plan for your children if something happens to you
If you are a parent who is not a U.S. citizen, you may worry about what would happen to your children if you were suddenly detained or unable to care for them. In Maryland, standby guardianship is a legal tool that lets you choose a trusted person to care for your children in an emergency, so they do not enter foster care. You keep full custody and can cancel the arrangement at any time.
Who it is for
Standby guardianship is for noncitizen parents in Maryland with a child under 18. It does not matter what your child’s status is. It is open to permanent residents, refugees and asylees, TPS holders, people with temporary status or pending applications, and undocumented parents.
How it works
- Choose a guardian and a backup. Pick a trusted adult who is over 18 and willing to serve, and name an alternate in case your first choice cannot.
- Sign the form. You complete a Maryland court form in front of two witnesses. The arrangement stays quiet until something happens.
- It starts if you need it. It begins if you become seriously ill or injured, or if you face an immigration action such as detention or deportation.
- It lasts up to 180 days. To keep it going longer, your guardian asks the court for an appointment before the 180 days end. Legal help is strongly recommended.
How to prepare
- Talk with your guardian about school, health care, routines and expenses.
- Give your guardian a signed copy of the form, your children’s birth certificates and the information needed to find you if you are detained.
- If your children are old enough, tell them the plan and give them your guardian’s contact information.
Our full guide has the steps, the list of documents and links to the state forms in English and Spanish: Standby Guardianship in Maryland.
This post is for information only and is not legal advice. To talk with a Luminus attorney about your family, call 410-992-1923 or email info@beluminus.org.
Our thanks to the Standby Guardianship Project (standbyguardian.org) for its work on this tool.
