Practice Areas

Standby Guardian

Edited by Rory Clark

You have made all the necessary arrangements for your minor children, including selecting a guardian for when you are gone. But what happens if you don’t die and have a traumatic injury or become incapacitated and unable to care for your minor children?

As part of your estate planning, we can help parents create a written appointment of a STANDBY GUARDIAN for their children. Having a standby guardian in place allows for a quick transition of authority to an individual to act as custodian of your minor children when there is no competent parent to care for them. This temporary designation allows the standby guardian to care for the child, managing finances, and make medical decisions. Having a known standby guardian can help ease the fear and uncertainty a child may be experiencing in a crisis.

Having a standby guardian prevents your children from being taken into custody by social services and automatically placed in a foster home in a crisis.

The standby guardian needs to be approved by the court to ensure that the children’s best interest is served. Of course, the standby guardianship ends once a parent regains his or her capacity. The standby guardian can also work as a stopgap to look after the child until a permanent guardian can be appointed if both parents have died or are permanently incapacitated.

As a parent, you cannot predict or control every possibility that will occur in your child’s life. However, having a plan in a time of crisis IS something you can handle. Talk to us about how we can provide this peace of mind for your family.

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