A standby guardian gives you peace knowing that someone you trust stands ready to step in if your current guardian stops serving. You’ll learn what a standby guardian does, how the court appoints one, and what happens when they assume responsibilities. This role ensures continuous care and oversight for a minor child or an incapacitated adult. Planning for this step can make all the difference when unexpected situations arise.
What is a standby guardian?
A standby guardian is a trusted person you choose (or your current guardian selects) to take over guardianship if the current guardian dies, resigns, or loses the role. The standby guardian doesn’t have any authority until that moment. This role helps with long-term planning, allowing you to pick someone responsible and familiar with the person’s needs.
Who can petition for one?
For a minor, a natural guardian or current guardian can petition for a standby guardian. For an adult with incapacity, the current guardian submits the petition. This process helps you stay in control by naming someone the court approves ahead of time.
What is the court process?
The court holds a hearing after you serve notice—either to the parents and guardian for minors, or to next of kin for adults. Once the court approves, the standby guardian receives powers right away if the primary guardian stops serving. Property guardians must first obtain “letters of guardianship” before managing assets. This legal process confirms that the new guardian meets all court standards.
What happens when duties begin?
Within 20 days of stepping in, the standby guardian must ask the court for formal confirmation. If the guardian meets qualifications under s. 744.309 and 744.312, the court confirms the appointment, collects an oath, reviews a bond and background check, and issues letters of guardianship. This step ensures the guardian can legally manage responsibilities.
Choosing a standby guardian in advance ensures someone you trust can take over when needed. You reduce uncertainty for yourself and your loved one. Preparing early also gives peace of mind to other family members and caregivers, limiting stress during a difficult time.