Connecticut Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Connecticut instrument is the Designation of a Standby Guardian of a Minor under Conn. Gen. Stat. sections 45a-624 to 45a-624g. The parent or court-appointed guardian (the principal) signs it, and the standby guardian signs a separate statement when the contingency occurs. The statute says it shall be in substantially the form it gives, and the Probate Court Administrator publishes a matching form in English and Spanish. Using that Probate form itself is not required.

2. 2

   The designation is effective for one year, and the standby guardian's authority ends when the specified contingency no longer exists or after the one-year period, whichever is sooner. No renewal is stated; serving longer needs further action such as a Probate Court petition. If it takes effect at the principal's death, it remains in effect for ninety days after death.

3. 3

   It is signed and dated by the principal with at least two witnesses, who sign with their addresses. The statute and form do not mention a notary. The principal must give a copy to the standby guardian, and it is not filed with a Probate Court.

4. 4

   If both parents are alive, both must consent to the designation. If one has been removed as guardian or is subject to a termination order, the remaining parent may designate. No notice to the other parent is stated beyond that consent. The statute names no eligibility limits for the standby guardian.

5. 5

   Nothing happens when the parent signs. The standby guardian has no authority until signing a written statement under penalty of false statement that the specified contingency has occurred. Once effective, the standby guardian has the authority and obligations of a guardian under section 45a-604(5): care and control, major decisions on education and welfare (including marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment), and funeral arrangements. This page does not promise that any school or medical provider must accept the document.

6. 6

   This is not a court guardianship. It is made without court involvement, the standby guardian does not replace the parent, and parental rights are unchanged. The principal may revoke it at any time by written revocation and notification of the revocation to the standby guardian. Disputes over its meaning or application go to the probate court for the district where the minor resides.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Connecticut Probate Court has a temporary guardian of the person, appointed on a parent's or guardian's petition under Conn. Gen. Stat. 45a-622 (form PC-504) for no longer than one year, and temporary custody under 45a-607 only while a removal or termination application concerning a parent is pending. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Connecticut child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Connecticut Requirements for Temporary Guardianship Agreement

• Standby Guardian Designation

  A parent or guardian, as principal, may designate a standby guardian of a minor in writing under Conn. Gen. Stat. sections 45a-624 to 45a-624g. The statutory form is the model, and the Probate form tracks it.

• Springing Contingency

  The designation takes effect on the occurrence of a specified contingency, once the standby guardian signs a written statement under penalty of false statement that it has occurred (sections 45a-624, 45a-624c).

• One-Year Term

  The designation is effective for one year, and authority ends when the contingency ends or after one year, whichever is sooner. If effective at the principal's death, it continues ninety days after death (sections 45a-624d, 45a-624e).

• Two Witnesses

  The designation is in writing and signed and dated by the principal with at least two witnesses. A copy goes to the standby guardian (section 45a-624). Probate Court guidance says it is not filed with a Probate Court.

• Both Parents Consent

  If both parents are alive, both must consent. If one has been removed as guardian or is subject to a termination order, the remaining parent may designate (section 45a-624a).

• Guardian-of-the-Person Authority

  The standby guardian has the authority and obligations of a guardian under section 45a-604(5), including education and welfare decisions and consent to major medical, psychiatric or surgical treatment (section 45a-624d).

• Revocation in Writing

  The principal may revoke at any time by written revocation and notification of the revocation to the standby guardian (section 45a-624f).

• Disputes to Probate Court

  Disputes over the meaning or application of the designation go to the probate court for the district where the minor resides (section 45a-624g).