What is a standby guardianship?

A standby guardianship is a type of guardianship in Texas that allows a parent or other responsible adult to plan for their minor child’s future in case the parent becomes unable to continue caring for the child, temporary or permanently. Standby guardianships are an important tool in providing the legal protection needed to keep a child safe and ensure that their best interests are provided for in case of an unexpected change in circumstances. Under a standby guardianship, the parent or other guardian will designate an adult—known as a standby guardian—who will have the legal authority to care for the child in the event that the parent or designated guardian can no longer do so. Once the standby guardianship is established, the parent will remain the child’s legal guardian, but the standby guardian will have the authority to make decisions about the child’s care and education should the parent become unable to do so. The standby guardianship does not apply until the parent or other designated guardian is deemed incapacitated due to illness, injury, or other circumstances that limit their ability to care for the child. The standby guardian will not have any legal authority over the child until the parent or other designated guardian is declared legally incapacitated. The standby guardian then becomes responsible for the child’s care until the parent or designated guardian is able to resume their role.

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What is a standby guardianship?

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