What is a standby guardianship?

A standby guardianship is a legal process in North Carolina that allows a parent to designate a legal guardian for their minor child in the event of their incapacity or death. The guardian is given limited authority until the parent is no longer able to act in their own best interests. In most cases, the parent retains full legal and physical custody of the child until the parent dies or becomes incapacitated, then the standby guardian has the authority to act as the guardian for the child. The most common situations that a standby guardianship might be used for are if the parent becomes ill, is in the hospital, or is absent from home for an extended period of time. The standby guardian is appointed by the court and has the authority to make decisions in the best interest of the child. They will have authority to provide care, guardianship, and health care decisions for the child. The process of establishing a standby guardianship in North Carolina is a fairly simple one. The first step is to file a petition with the appropriate court, then the court will appoint a guardian ad litem to represent the child’s interests. If the court finds that the proposed guardian is a suitable choice, then the court will issue an order establishing the standby guardianship. Finally, the court will notify the parent and the standby guardian of their respective responsibilities.

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What is a standby guardianship?

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