What is a standby guardianship?

A standby guardianship is a type of guardianship law in New Hampshire that allows a person to name a standby guardian for their minor child. In this situation, the standby guardian would take over guardianship duties if the child’s parent became unable to provide care due to illness, disability, or other reasons. Under New Hampshire law, the standby guardian does not have any legal authority until a court approves the appointment. This means that the parent can decide who the standby guardian is and can name them in an agreement or estate plan, but the court must review and approve the appointment before the standby guardian can assume responsibility. The standby guardian will usually take over guardianship duties if the parent dies, becomes incapacitated, or is otherwise unable to provide care. This type of guardianship is often preferable to appointing an emergency guardian, which is done after the fact and requires a court hearing to decide who is best suited to serve as guardian. Standby guardians are often family members, close friends, or other people trusted to care for a child in the event of a parent’s absence. To be authorized as a standby guardian, the appointed person must pass a background check and be willing to take on the legal responsibility of caring for the child.

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What is a standby guardianship?

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