STANDBY GUARDIANSHIP
Parents may pre-select a guardian for minor children in the event of death or incapacity of the parents.
I. Takes effect at the death or incapacity of minor children's parent or parents.
II. A parent or parents of an unmarried minor or of a child likely to be born may nominate by affidavit a guardian of the person and estate. If the term exceeds 60 days, the parent(s) must file a Petition for Guardianship in court and obtain court approval.
The standard used in appointing a guardian is the child's best interest.
If so appointed, the standby guardian automatically assumes the duties upon the death or incapacity of the parents. The standby guardian must, however, have a court confirm the appointment and issue letters within 60 days of assuming office.
III. Standby Guardianship is not available as long as a minor has one of his natural or adoptive parents alive and willing and capable of exercising guardianship.
DISCLAIMER: Law Offices of Walter J. Zukowski & Associates does not take responsibility for how you use this document. By use of this document, you acknowledge that you have read the sub-page entitled, "Terms and Conditions", and agree to be bound by them. You are strongly advised to consult with your own attorney.
