California:

The Law

Official Source: California Courts — Probate Guardianship / Nomination of Guardian, including Judicial Council Form GC-211.

California Courts — Probate Guardianships

California Courts — Form GC-211: Consent of Proposed Guardian / Nomination of Guardian

California Courts — Starting a Guardianship Case

Important Note: California does not have standby guardianship. Instead, a parent must nominate a person to serve as guardian through the probate court. Parental rights are not terminated.

The California guardianship law allows a parent to nominate a guardian for their child using Form GC-211, Consent of Proposed Guardian, Nomination of Guardian, and Consent to Appointment of Guardian and Waiver of Notice.

• Court approval is required. Filing a nomination does not itself make the nominated person the child's legal guardian. A probate court must appoint the guardian.
• There is an official state form: Judicial Council Form GC-211.
• Families may work with a lawyer, but California Courts also provides information for people handling probate guardianships without an attorney.
• A parent's nomination is not immediately effective as a guardianship. Court appointment is necessary.
• Appointment of a guardian does not itself terminate the biological parents' status as parents, but the appointed guardian receives legal and physical custody and assumes responsibility for the child. A parent may later ask the court to terminate the guardianship.

What Emergencies Qualify?

California's nomination procedure is not limited to particular triggering emergencies such as terminal illness.

A probate guardianship may be needed when a parent is unable to care for a child for reasons including:

• Death or incapacity of a parent.
• Military obligations, detention, or other circumstances making the parent unable to care for the child.

California also has a separate temporary guardianship process when immediate court action is needed.

How to Start a Guardianship?

A parent may nominate a proposed guardian through GC-211, but a guardianship case must then be filed in probate court. The proposed guardian must go through the court appointment process.

Is court approval required? Yes.

Is it recommended to have a lawyer? A lawyer is not necessarily required, and California Courts provides self-help instructions, although legal assistance may be useful in a contested or complicated case.

Is it free? No. California Courts lists a $225 filing fee to start a guardianship of the person. A person who cannot afford the fee may be eligible for a fee waiver.

How Long Does it Last?

Once appointed, a guardian generally serves until the child turns 18, is adopted, or the court terminates or changes the guardianship.

Delaware:

The Law

Official Source: Delaware Code, Title 13, Chapter 23, Subchapter III — Standby Guardianship.

Delaware Code — Title 13, Chapter 23, Subchapter VI: Standby Guardianships

Delaware specifically authorizes a parent, legal custodian, or guardian who is suffering from a progressive chronic condition or terminal illness to petition for appointment of a standby guardian. The statute is designed to allow another person to assume responsibility for the child without terminating the parent's legal or parental rights.

• Court approval is required.
• *The parent petitions the Family Court for appointment of the standby guardian.
• The law distinguishes between an appointed standby guardian and a designated standby guardian.
• The standby guardian's authority becomes effective when a statutory triggering event occurs.
• After the triggering event, an appointed standby guardian generally has authority immediately but must seek court confirmation within 30 days.
• Unless the court order states otherwise, the parent's authority and the standby guardian's authority can be shared. The law does not automatically terminate the parent's parental rights.

What Emergencies Qualify?

The statutory triggering events are:

• Death of the parent.
• Mental incapacity of the parent.
• Physical debilitation of the parent.

The petition must generally establish a significant risk that the parent will die, become incapacitated, or become debilitated within two years, with medical support from an attending physician.

How to Start a Standby Guardianship?

The parent, legal custodian, or guardian files a petition in Delaware Family Court requesting appointment of the standby guardian. The petition must contain information required by the statute, including the proposed triggering event and information regarding the parent's medical condition.

Is court approval required? Yes.

Is it recommended to have a lawyer? The statute does not make representation by an attorney a prerequisite, but this is a formal Family Court proceeding.

Is it free? The standby-guardianship statute itself does not establish that the proceeding is free. Filing costs should be confirmed using the current Delaware Family Court fee schedule.

How Long Does it Last?

There is no simple fixed number of days for an appointed standby guardianship once confirmed. It continues subject to the guardianship termination and modification provisions of Delaware law. A permanent guardianship may also be sought when appropriate.
 

Florida:

The Law

Official Source: Florida Legislature, Fla. Stat. § 744.304 — Standby Guardianship.

Florida Statutes § 744.304 — Standby Guardianship

Full Chapter 744 — Guardianship

Florida expressly permits the natural guardians of a minor to petition the court to appoint a standby guardian of the child's person, property, or both.

• Court approval is required before the person becomes the standby guardian.
• The court may also appoint an alternate standby guardian.
• Notice of the hearing generally must be provided to the child's natural or adoptive parents and any guardian currently serving unless notice is waived.
• The standby guardian's authority activates immediately upon the statutory triggering event.
• After assuming duties, the standby guardian must petition the court for confirmation within 20 days.

Florida separately authorizes a parent to execute a written preneed guardian declaration for a minor under § 744.3046. That declaration must be signed in the presence of two attesting witnesses.

What Emergencies Qualify?

For a minor, the standby guardian may assume duties upon:

• Death, removal, or resignation of an existing guardian;
• Death of the last surviving natural guardian; or
• Judicial adjudication of incapacity of the last surviving natural guardian.

How to Start a Standby Guardianship?

The natural guardian or currently serving guardian files a petition with the court requesting appointment of the standby guardian. A hearing and court appointment follow.

Is court approval required? Yes.

Is it recommended to have a lawyer? The statute does not state that an attorney is always mandatory, but Florida guardianship proceedings are court-supervised and can involve additional qualification, oath, bond, and background-check requirements.

Is it free? The statute does not provide that the proceeding is free. Court filing and related costs should be checked with the appropriate Florida circuit court clerk.

How Long Does it Last?

After activation, the guardian must petition for confirmation within 20 days. If qualified, the court confirms the appointment and issues letters of guardianship. The 20-day period is therefore a deadline for confirmation, not a 20-day maximum duration of the guardianship.

Iowa:

The Law

Official Sources: Iowa Legislature and Iowa Judicial Branch.

Current Iowa Code — Chapter 232D: Minor Guardianships

Iowa Legislature — Current Code Search

Important Note: Iowa formerly had a statute, Iowa Code § 633.560, addressing standby guardianship. However, Iowa substantially reorganized its minor-guardianship laws effective January 1, 2020, and current minor guardianships are primarily governed by Iowa Code Chapter 232D. The old § 633.560 standby provision is not part of the current guardianship structure reflected in the current code. Current Iowa law provides a court-created minor guardianship, rather than the old standby-guardianship mechanism. Iowa Judicial Branch provides official forms for minor guardianship proceedings.

What Emergencies Qualify?

N/A as a current standalone standby-guardianship trigger.

A current guardianship under Chapter 232D is governed by the requirements for establishing a minor guardianship rather than the former standby statute.

How to Start a Guardianship?

A petition for guardianship of a minor is filed with the court using Iowa's current guardianship process and forms.

Is court approval required? Yes.

Is it recommended to have a lawyer? Iowa provides official self-help forms, although legal assistance can be useful depending on the circumstances.
Is it free? No. Iowa's court fee schedule lists $215 for filing a civil petition including a Chapter 232D guardianship proceeding. An additional $15 background-check fee applies to a proposed guardian of a minor.

How Long Does it Last?

This should be analyzed under the current Chapter 232D minor-guardianship rules, not the repealed standby provision.

Research conclusion: Iowa should probably not be labeled as a current standby-guardianship state on your graphic without qualification.

Kansas:

The Law

Official Source: Kansas Office of Revisor of Statutes, K.S.A. § 59-30,134 —
Standby Guardian for Minor.

Kansas Statutes § 59-30,134 — Standby Guardian for Minor

Kansas Probate Code — Chapter 59

Important: Kansas's current standby-guardian provision is part of its newer guardianship law and became effective in 2026.

A parent of a minor may, in a signed record, nominate a person to be appointed by the court as standby guardian of the minor. A “standby guardian” is expressly defined as a person appointed by the court under § 59-30,134.

• A parent may make the nomination in a signed record.
• The nomination alone does not create the guardianship.
• Court appointment is required.
• Once appointed and activated under the statute, the standby guardian has the duties and powers afforded to a guardian under Kansas law.

What Emergencies Qualify?

The activation circumstances are governed by K.S.A. § 59-30,134 and the court order entered under the new Kansas guardianship code.

Because this provision is newly effective, I would cite the current statutory text directly in the final publication rather than relying on older Kansas guardianship summaries.

How to Start a Standby Guardianship?

A parent first nominates the proposed standby guardian in a signed record, after which appointment is made through the court under § 59-30,134.

Is court approval required? Yes.

Is it recommended to have a lawyer? The statute establishes a judicial appointment process. It does not make the parent's signed nomination equivalent to a court order.

Is it free? The statute does not state that the proceeding is free; applicable court filing fees should be confirmed with the Kansas district court.

How Long Does it Last?

The standby guardian's authority is governed by the appointment and the current Kansas guardianship statutes rather than a simple short-term authorization period.

Kentucky:

Important Current-Law Note

Official Source: Kentucky Revised Statutes § 387.750.

Kentucky Revised Statutes § 387.750 — Standby Appointee; Powers and Duties

Kentucky Revised Statutes — Chapter 387

Important Note: Kentucky has no parental designation. Section 387.750 primarily permits the court to designate a standby appointee for an already-existing guardian, limited guardian, or conservator.

The Law
When a guardian, limited guardian, or conservator has already been appointed, the court may designate another qualified person to serve as a standby who can succeed or temporarily substitute for that fiduciary.

• Court designation is required.
• This is not simply a contract executed by a parent naming someone to care for the child.
• The standby may assume authority after the existing guardian's death, resignation, removal, or incapacity.
• In an emergency, the standby may temporarily perform the guardian's duties when the existing guardian is absent or unavailable.

What Emergencies Qualify?

Relevant circumstances include:

• Death of the existing guardian.
• Resignation or removal of the existing guardian.
• Incapacity of the existing guardian.
• An emergency in which the guardian is absent or unavailable.

How to Start?

For an ordinary guardianship of a minor, Kentucky provides official court forms, including AOC-852, Petition for Appointment of Guardian/Conservator for Minor. The petition is sworn/notarized as provided on the official form.

Is court approval required? Yes.

Is it recommended to have a lawyer? Kentucky provides self-help materials and forms, so counsel is not necessarily required for every guardianship proceeding.

Is it free? Not necessarily. Kentucky provides a process to request a waiver of court costs and fees for eligible persons.

How Long Does it Last?

A standby appointee who succeeds the former guardian must file an acceptance within 10 days after the death, resignation, or incapacity that causes the succession. The resulting guardianship is then governed by the court's guardianship orders rather than a fixed short-term standby period.

Research conclusion: Kentucky should be qualified on your chart because its “standby” law is not the same type of parent-created standby guardianship used in Delaware or Nebraska.

Michigan:

Important Current-Law Note

Official Sources: Michigan Legislature and Michigan Courts.

Michigan Compiled Laws § 700.5202 — Parental Appointment of Guardian for Minor

Michigan Legislature — Guardianship Sections of EPIC

Important Note: Michigan law permits a parent to appoint a guardian for an unmarried minor through a will or another signed writing under Mich. Comp. Laws § 700.5202. Michigan also permits court appointment of a guardian for a minor under § 700.5204. The provision specifically titled “Standby guardian,” Mich. Comp. Laws § 330.1640, is contained in Michigan's Mental Health Code provisions governing guardianship of persons with developmental disabilities, rather than the general minor-guardianship provisions.

The Law

Under Michigan's Estates and Protected Individuals Code, a person may become guardian of a minor by parental appointment or court appointment.

A parent may make a guardian appointment through a will or other writing as authorized by Michigan law.

Michigan separately provides for a court-designated standby guardian for an individual with a developmental disability. That standby appointment can become effective without additional proceedings upon the initial guardian's death, incapacity, or resignation.

What Emergencies Qualify?

For the developmental-disability standby provision:

• Death of the existing guardian.
• Incapacity of the existing guardian.
• Resignation of the existing guardian.
• In an emergency, absence or unavailability of the existing guardian can permit temporary assumption of authority.

For ordinary minor guardianships, Michigan's rules should not be described as an illness/death-triggered “standby guardianship” without further qualification.

How to Start?

For a court-appointed minor guardianship, a petition is filed with the probate court. Michigan Courts provides official guardianship forms.

Is court approval required? For a court-appointed guardianship, yes. Michigan also recognizes parental appointment under the separate statutory mechanism.

Is it recommended to have a lawyer? Official court forms are available for self-represented parties, although legal counsel may be useful for complicated cases.

Is it free? The amount should be confirmed with the probate court because fees were not specified in the statutes cited above.

How Long Does it Last?

A minor guardianship continues until terminated under Michigan law; it is not simply a short emergency authorization.

Research conclusion: I would qualify Michigan on your chart rather than presenting it as a conventional parent-designated standby-guardianship state.

Missouri:

The Law

Official Source: Missouri Revised Statutes §§ 475.010 and 475.046.

Missouri Revised Statutes § 475.046 — Standby Guardian Permitted; Appointment Procedure; Authority

Missouri Revised Statutes § 475.010 — Definitions

Missouri expressly provides that a custodial parent may designate a person to act as standby guardian of a minor. Missouri defines a standby guardian as a person authorized to have temporary care and custody under § 475.046 and describes the standby guardian as one approved by the court to temporarily assume guardianship duties.

• The custodial parent may designate the standby guardian.
• Court involvement is required for the statutory standby guardianship.
• The authority is temporary in nature.
• A person who begins acting as standby guardian must petition the court within 60 days after beginning to act.

What Emergencies Qualify?

Missouri § 475.046 governs the circumstances under which the designated standby guardian may temporarily assume the care and custody of the minor.
For your final chart, I would cite § 475.046 directly next to the listed triggering circumstances because Missouri's statutory mechanism is broader and structured differently from Delaware's illness-specific law.

How to Start a Standby Guardianship?

A custodial parent makes the statutory designation, and the standby guardian then proceeds under § 475.046, including the required court petition after assuming duties.

Is court approval required? Yes. Missouri's statutory definition specifically describes a standby guardian as one approved by the court to temporarily assume guardian duties.

Is it recommended to have a lawyer? The statute does not state that representation is mandatory, but a court petition is required.

Is it free? The statute does not establish that the process is free. Filing costs should be checked with the appropriate Missouri probate division.

How Long Does it Last?

The key statutory deadline is 60 days after the standby guardian begins acting: the standby guardian must petition the court within that period.

Nebraska:

The Law

Official Source: Nebraska Legislature, Neb. Rev. Stat. § 30-2608(c).

Nebraska Revised Statutes § 30-2608 — Standby Guardian of Minor

Nebraska Guardianship Statutes — §§ 30-2601 through 30-2661

Nebraska expressly permits a court to appoint a standby guardian for a minor whose parent is chronically ill or near death.

• Court approval is required.
• The appointment itself does not suspend or terminate the parent's parental rights.
• The standby guardian's authority begins after one of the statutory triggering events.
• The parent therefore retains parental rights before activation, and the statute expressly protects those rights merely from being terminated by the standby appointment.

What Emergencies Qualify?

The standby guardian's authority may become effective when the child is left without a remaining parent because of:

• Death of the parent.
• Mental incapacity of the parent.
• Physical debilitation of the parent, with the parent's consent.

The standby mechanism is specifically directed toward a parent who is chronically ill or near death.

How to Start a Standby Guardianship?

A standby guardian is appointed by the court through Nebraska's guardianship proceeding.

Is court approval required? Yes.

Is it recommended to have a lawyer? The statute does not make a lawyer a prerequisite, but appointment requires judicial proceedings.

Is it free? The statute does not state that the proceeding is free. Filing fees should be confirmed with the Nebraska county court.

How Long Does it Last?

Section 30-2608(c) does not impose a simple short fixed duration after activation. The standby guardian's authority begins upon the qualifying event and thereafter remains subject to Nebraska guardianship law and court supervision.

Ohio:

Important Current-Law Note

Official Source: Ohio Revised Code §§ 2111.121 and 2111.02.

Ohio Revised Code § 2111.121 — Nomination of Guardian

Ohio Revised Code § 2111.02 — Appointment of Guardian

Important Note: Ohio uses the term “standby guardian,” but its mechanism is essentially a written nomination for future court appointment, rather than an immediately effective parental standby-guardianship contract.

The Law

A person may nominate in writing another person to serve as guardian of the person's minor or incompetent children. The nomination is subject to the court's statutory notice and hearing requirements.

• The nomination may be filed with the probate court for safekeeping.
• The court may designate it as a “nomination of standby guardian.”
• The court generally gives effect to the most recent nomination unless there is good cause not to do so or the nominee is disqualified.
• The nomination itself does not make the nominee the child's acting guardian. Court appointment is required.
• Parents retain their ordinary rights merely after signing/filed nomination because the nomination itself does not transfer custody.

What Emergencies Qualify?

The standby nomination is not activated automatically by a specific list of emergencies. Instead, it identifies the parent's preferred future guardian for consideration when a guardianship becomes necessary.

Ohio separately permits emergency guardianship when immediate action is necessary to prevent significant injury. That is a separate judicial process under § 2111.02.

How to Start?

A parent creates the written nomination and may file it with the probate court. When an actual guardianship is required, the probate court uses the statutory appointment process.

Is court approval required? Yes, before the nominee actually becomes the guardian.

Is it recommended to have a lawyer? The nomination statute does not require that the parent use an attorney, but actual guardianship requires a probate proceeding.

Is it free? The statute does not establish a statewide free process; filing fees vary and should be checked with the relevant probate court.

How Long Does it Last?

The nomination itself can remain on file until superseded or otherwise revoked. Once a guardian is actually appointed, the duration is governed by the guardianship order and Ohio law.

Research conclusion: Ohio should be described as having a standby guardian nomination, rather than an immediately effective standby-guardianship designation.

Wyoming:

Important Current-Law Note

Official Source: Wyoming Statutes, Title 3, §§ 3-2-108 and 3-3-301 through 3-3-306.

Wyoming Statutes — Title 3, Guardian and Ward

Wyoming Legislature — 2026 Guardianship Statute Breakdown

Important Note: Wyoming's statute uses the term “standby guardian,” but the statute, section 3-2-108 makes it clear the court appoints a guardian of the petitioner on a standby basis and incorporates the procedures used for standby conservatorships.

The Law

A standby petition may specify an event or a described mental or physical health condition upon which the court is authorized to act. The petitioner may nominate the person desired to serve.

• The petition can identify the proposed standby fiduciary.
• Court involvement is required before the appointment becomes effective.
• Before appointment, a competent petitioner may revoke the standby arrangement.
• When the specified event or condition occurs, the person holding the petition files a verified statement with the court.
• The court may then appoint the nominated person or schedule a hearing.

What Emergencies Qualify?

The petition itself may specify:

• A particular event; or
• A described mental or physical health condition that will trigger the request for appointment.

How to Start?

The petitioner executes a standby petition identifying the triggering event or condition and may nominate the desired guardian. After the trigger occurs, the verified materials are submitted to the court for appointment.

Is court approval required? Yes.

Is it recommended to have a lawyer? The statutory process involves a formal guardianship petition and court appointment. The statute does not state that counsel is always mandatory.

Is it free? The cited statute does not establish that the process is free; the applicable Wyoming district court fee schedule should be consulted.

How Long Does it Last?

Before appointment, the petitioner may revoke the standby petition while legally capable of doing so. Once the triggering event occurs and the court makes an appointment, the guardianship continues according to the court's order and Wyoming guardianship law.

Research conclusion: I would not describe Wyoming as a straightforward parent-designated standby guardianship state for minor children without adding this qualification.