What is a standby guardianship?

A standby guardianship is a form of guardianship that is established in Washington State in order to provide advocacy and decision-making for a minor child in the event that a parent or legal guardian is unable to care for the child due to illness, incapacity, or death. In Washington, the courts must appoint a guardian ad litem (GAL) to represent the minor child and ensure that their best interests are served. When a standby guardianship is established, the guardian ad litem must assess the family’s circumstances and recommend one or more potential guardian(s) to the court. The court then evaluates the recommendation, and if the guardian is found to be a suitable candidate, the court will issue a standby guardianship order. This is a legal document that names the appointed guardian and sets out the terms of the guardianship, including the specific powers and responsibilities of the guardian. Once a standby guardianship is in effect, the standby guardian can step in at any time to make decisions and take care of the minor child in the event that the parent or legal guardian becomes incapacitated. However, the standby guardian cannot take any action until the court has provided approval in writing. This ensures that the minor child’s best interests are always being taken into consideration and that the guardian ad litem is informed of any changes in circumstances.

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