Picking a standby guardian is hard. I believe every parent stresses over the care of their child.
Thinking about a situation where you are unconscious or dead quadruples this stress.
Luckily, parents can:
- Designate a standby parent,
- Identify an alternate or backup to their first pick, and
- Select which triggering events will allow for a standby to step in.
Rules and Forms for a Standby Guardian
Yes, Minnesota has specific rules on the designation process. The rules for a standby guardian are under Chapter 257B.
Also, Minnesota has a somewhat helpful form as a guideline, which you can find HERE.
Tips for selecting a standby guardian
In my opinion, here is a short list of tips and risks for selecting a standby guardian:
- Select a guardian that doesn’t contradict your Will or Trust,
- Do not force your standby guardian to blend your child’s money (your money),
- Do not incorrectly complete a standardized form,
- Communicate your desires with the primary and alternate backups,
- Do not grant a different standby guardian for each child,
- Acquire signatures from your standby, and
- Have a guardian for a short-term conflict and a long-term conflict.
Can a Standby Guardian take my child to daycare?
Yes, a standby guardian can take your child to daycare in the event you are hurt or injured. Likely though, you are confusing the goal of this form with a form for delegating parental rights.
In my experience, parents confuse the process of selecting a guardian with a different form often called a power of attorney for childcare (sometimes called a Delegation of Parental Authority). Yes, a power of attorney for childcare is a different form and usually used in situations where grandparents help with:
- Medical care,
- Dental visits,
- Obtaining prescriptions,
- Daily activities.
Triggering events for a standby guardian
Earlier, I identified a term called triggering events. Basically, a triggering event is a situation you select that gives the guardian a reason to step-in. Absolutely, everybody has the potential of outlining a different list of triggering events specific to them and their family.
Here are a few examples:
- Your death,
- Unconscious,
- Being ill or sick,
- Both parents being unavailable,
- A parent is serving in the military, and
- Jail.
Other requirements to think about
In addition to other conditions under Chapter 257B, every form should include your:
- Intent,
- A list of conditions,
- The use of two witnesses,
- Signatures from both parents, and
- An acceptance from the guardian of your choice.
Need more help?
Please contact me directly if you find yourself needing help.
