What is a standby guardianship?

A standby guardianship is a type of guardianship in Florida that allows potential guardians to be appointed in anticipation of the current guardian becoming unavailable. A standby guardianship gives the potential guardian -- often a family member -- legal authority over certain decisions for the person being protected by the guardianship, such as where they should live, their medical care, or their financial affairs. Usually, a standby guardianship is only activated when the current guardian passes away, is incapacitated, or is otherwise no longer able to fulfill their duties as guardian. In Florida, standby guardianships are created through a court petition that must be approved by a judge. The petitioner must typically provide information about the potential guardian as well as the person needing protection, and the court may also require a medical evaluation of the potential guardian to determine if they are medically and mentally capable of providing care. Standby guardianships are often created to allow a family member of the person needing protection to step in and take over guardianship duties if the current guardian is no longer able to do so. It is a way to allow a smooth transition of guardianship and to ensure that the person who needs protection will be in good hands.

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What is a standby guardianship?

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