Standby guardian

What it means

Some states let a nomination be filed with the probate court for safekeeping and designate it as the nomination of a standby guardian.

Others use the term for an arrangement that takes effect on a parent's incapacity, serious illness or death, so that there is no gap in who may act.

The details, including whether a court has to confirm it and when, are set by state law.

Why it matters

The days immediately after a parent dies or is hospitalized are when a child most needs somebody with authority, and they are the days a will has not yet reached.

A nomination sitting in a drawer is not the same as one the court already holds.

When you are likely to meet it

• When a parent has a serious diagnosis and children at home.
• When making a plan and asking what happens in the first week.

How this varies by state

It exists only where a state has created it, and what triggers it and whether a court must confirm it differ.

Related terms

• Guardian nominationNaming, in a will, who should raise your children — or care for a dependent adult — if you cannot.
• GuardianshipA court appointing somebody to make decisions for an adult who cannot make them, usually about care, housing and medical treatment.
• Preneed guardianSomebody named in advance, in a signed declaration, to be appointed guardian if a person or their children later need one.
• Rebuttable presumptionA starting position a court must take unless somebody shows a reason not to.

Sahvelo guidance that uses this

• Naming a guardian