What is a standby guardianship?

A standby guardianship is a type of guardianship established in South Carolina family law. It is a legal agreement that allows a parent or guardian to designate another person to act as the guardian of their minor child if something should happen to the primary legal guardian. Under a standby guardianship, the parent or guardian (known as the "principal") has the right to determine the conditions under which the designated guardian (known as the "standby guardian") will become the legal guardian. The principal also has the right to choose any person they wish to act as a standby guardian – including a family member, a close friend or a professional guardian. When the principal passes away or becomes incapacitated, the standby guardianship becomes effective. The standby guardian will then have the responsibility of providing a safe and nurturing environment for the minor child, including making continuous decisions for their physical, emotional and educational needs. The standby guardian will also be responsible for making sure the minor child is provided with all the necessities of life, such as food, clothing and education. In South Carolina, a standby guardianship must be established in writing by the parent or guardian, and the document must be signed by both parties. It is important to note that a standby guardianship does not give the standby guardian control over the minor child’s property, financial accounts or estates – that will remain the responsibility of the parent or guardian, even after their death or incapacitation.

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What is a standby guardianship?

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