Standby Guardianship

This publication examines State standby guardianship laws in which a parent may transfer guardianship of his or her child to a specific person under certain conditions. Many States developed these laws specifically to address the needs of parents living with disabling conditions or terminal illnesses who want to plan a legally secure future for their children. Standby guardianships differ from traditional guardianships in that standby guardianships allow the parent to retain much of his or her authority over the child. This publication covers the establishment of standby guardianship, the role of noncustodial parents, parental authority, and withdrawal of guardianship. This publication presents a general overview of this aspect of child welfare law. Summaries of laws on this topic for all individual States and U.S. territories are available from the State Statutes Search page.

This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.

This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.