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provided by New York’s AIDS Resource Center.

The “standby guardianship” law, developed in New York State, allows parents to specify a standby, legal guardian who will assume care of children in the event of parental illness or death without the parent giving up legal rights. This new family law allows parents with episodic AIDS-related illness to maintain some control over the temporary placement of their children and to communicate over time with the caretakers they have selected for their children. Although somewhat hampered in its implementation by bureaucratic complexities, the standby guardian law represents a significant advance in HIV-related family law.