7 Tips When Picking a Standby Guardian

standby guardianPicking 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:

  1. Select a guardian that doesn’t contradict your Will or Trust,
  2. Do not force your standby guardian to blend your child’s money (your money),
  3. Do not incorrectly complete a standardized form,
  4. Communicate your desires with the primary and alternate backups,
  5. Do not grant a different standby guardian for each child,
  6. Acquire signatures from your standby, and
  7. 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.MN Standby Guardian

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.