What is a standby guardianship?

A standby guardianship is a type of guardianship that is often used in California to prepare for unexpected events. It is a legal process in which a court appoints a person to be the legal guardian of a minor child or developmentally disabled adult in the event of a tragedy or emergency that would prevent their parents from caring for them. This type of guardianship can be set up in advance to be effective without having to go back to court if or when a circumstance should arise. The court grants legal guardianship of the minor or developmentally disabled adult to the standby guardian, and the parents retain some power by retaining the right to revoke the guardianship at any time. However, the standby guardian steps in if the parents are unable to act due to death, disability, or other circumstance. The guardian can make life decisions on behalf of the ward (the minor child or developmentally disabled adult) such as authorizing medical procedures and determining the residence of the ward. If a tragedy were to happen and it is determined that the parents are unable to take care of the ward, the standby guardian becomes the legal guardian and is responsible for the medical, financial, and daily care decisions for the ward. Guardianship can be an important safety net to provide stability in challenging times.

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What is a standby guardianship?

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