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Legal Definitions - standby guardian

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Definition of standby guardian

A standby guardian is a person appointed by a parent to take care of their child in the future if the parent becomes unable to do so. This person does not take away the parent's custodial rights. The appointment is usually made in case the parent becomes terminally ill or incapacitated.

For example, if a single parent becomes terminally ill, they may appoint a standby guardian to take care of their child after their death. The standby guardian will assume responsibility for the child during periods of the parent's incapacity and upon the parent's death.

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Simple Definition

A standby guardian is someone who is chosen by a parent to take care of their child if the parent becomes unable to do so in the future. This person does not take away the parent's rights to take care of their child, but is ready to step in if needed. Some states have laws that allow for a standby guardian in case a single parent becomes very sick.

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