Although a will enables you to nominate the guardian of your minor children in the event of your death, it has no effect until your death. It does not provide for the care of your children should you become incapacitated and, as a result, are unable to care for them.
A Standby Guardianship is a legal way for you to designate someone to care for your children in the future if you are unable to do so. In this way, everything will have already been arranged by you in advance, and in a way that is agreeable to you.
- Simply by signing the necessary documents with appropriate legal formality, a Standby Guardianship can be put into place now, while you are healthy.
- A Standby Guardianship becomes effective in the future only if you become unable to care for your children yourself.
- The designation is suspended when you are again able to care for your children. You do not give up any of your parental rights.
Related Practice Areas
- Transfer on Death Accounts
- Pre-Nuptial & Post-Nuptial Agreements
- Last Will and Testament Estate Planning
- Special Needs & Supplemental Trust Planning
- Revocable Living Trust Estate Panning
- Standby Guardianships
- Planning & Designating Durable Power of Attorney
- Organ & Body Donation
- Irrevocable Trust
- Irrevocable Medicaid Trusts
- Irrevocable Life Insurance Trusts & Crummey Trusts
- Living Wills & Health Care Proxies
- Guardianship Family Law
- Estate, Gift & Income Tax Analysis
- Disability Planning
- Charitable Gifts, Bequests & Trusts
- Beneficiary Designation
- Why Do I Need Estate Planning?