Every State permits transfer of guardianship authority over a child from a parent to another adult when the child has no other parent available to assume responsibility for care and custody of the child. A traditional guardianship provides 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 recent approach to transferring custody is facilitated through standby guardianship laws. Many States developed these laws specifically to address the needs of parents living with HIV/AIDS, other disabling conditions, or terminal illnesses who want to plan a legally secure future for their children. Approximately 26 States and the District of Columbia have made statutory provisions for standby guardianships.