What is a standby guardianship?

A standby guardianship is a type of guardianship law recognized in the state of Kansas. It allows a person (known as a “guardian”) to assume legal responsibility for a minor (known as the “wards”) without having to go through the full court process for a traditional guardianship. The guardian is appointed by the court and has the legal authority to make decisions on the minor’s behalf when needed. A standby guardianship is generally used when a parent is temporarily unable to take care of their child due to illness, an extended absence, or other incapacitating circumstances. In a typical scenario, the guardian may take on the responsibility of taking care of the child’s day-to-day needs, such as making sure they are in school and have access to appropriate healthcare. However, the guardian does not have the authority to make major decisions, such as withdrawals from a bank account or the selling of a family home, without obtaining court approval. In Kansas, standby guardianships are supervised by the courts and require periodic reports so that the court can ensure that the guardian is upholding their duties and responsibilities. If a parent is unable to resume their parental rights, the court may convert the standby guardianship into a full guardianship so that the guardian can perform all the same duties as a traditional guardian.

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What is a standby guardianship?

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