Family & Safety

Standby guardianship allows a parent or current guardian to plan ahead by naming someone to care for a child if they become unable to make and carry out day-to-day decisions. The parent or guardian names a standby guardian in a written document, such as a will or a designation form. This is often used in situations involving serious illness, medical treatment, military deployment, or other circumstances where a person may lose the ability to care for a child.

A standby guardian does not have authority right away. Their authority begins only after a triggering event occurs, such as the parent’s death, consent, or inability to care for the child. After that, the standby guardian has temporary authority and must file a petition in court to be formally appointed and have full legal authority. The judge will decide whether to appoint the standby guardian based on the child’s best interests and the rights of any other parent. Once appointed, guardianship continues until the court terminates it, the parent is able to care for the child again, or the child turns 18.

Learn more about getting standby guardianship of a child.