Legal Definitions - standby guardianship

Standby guardianship is a type of guardianship where a parent chooses someone to take care of their child in the future if the parent becomes unable to do so. The parent still has custodial rights and can make decisions for their child until they are no longer able to.

For example, a single mother may choose her sister as the standby guardian for her child in case she becomes seriously ill or incapacitated. The mother can still make decisions for her child until that happens, but if it does, the sister will take over as the child's guardian.

Another example is a father who is in the military and may be deployed overseas. He may choose a close friend as the standby guardian for his child in case he is unable to care for them while he is away.

Standby guardianship is a way for parents to plan for the future and ensure that their child will be taken care of if something happens to them. It is important to choose someone who is trustworthy and capable of caring for the child.