What is a Standby Guardianship?
A Standby Guardianship is a procedure by which a parent can name the person who they want to become the guardian of their minor children in the event that the parent should die or becomes permanently unable to care for the children. Example: A parent with terminal AIDS has young children, and wants to arrange a guardian to care for her children when she gets too sick to care for them or dies. By using this procedure, the standby guardian will be able to assume the care of the child immediately upon the death or incapacity of the parent or parents. In cases where a court has already appointed a guardian of the person of a minor, the guardian may designate a standby guardian. Designation of the Standby Guardian The document naming the person who is to be the standby guardian must be witnessed by at least two persons over the age of 18. Neither of the witnesses can be the person nominated to be the standby guardian. The statute contains a form for appointing a standby guardian, but other
