• Illinois
• Massachusetts
• Minnesota
• New Jersey
• New York
• North Carolina
• Oklahoma
• Pennsylvania
• Vermont
• Washington
• Wisconsin

Illinois:

The Law

The Illinois Standby Guardianship law allows parents to select a standby guardian for their child by using this Standby Guardian Designation form.

• Families can work with a lawyer to create this form.
• If you have a Standby Guardianship Designation Form:
  • It’s immediately effective when the emergency happens, but after 60 days it needs court approval.
  • Parents keep their parental rights.
• It is recommended to have a lawyer.
• In most counties it is free to file the standby guardianship petition, but it varies by county.
• Fee waivers are available (submit an application for the Waivers of Court Fees).

What Emergencies Qualify?

• Parent and child separation
• Arrest
• Detention
• Incarceration
• Removal from the country
• Deportation

How to Start a Standby Guardianship ?

• A parent can use this Standby Guardian Designation form to choose a standby guardian for their child and sign.
  • If both parents are living, they must both consent.
  • The standby guardianship can continue without the other parent’s consent if that parent is unwilling or unable to assume responsibility for the child.
• The signing must be witnessed by 2 people who are 18+ and not the standby guardian.
• When the emergency happens, the standby guardianship will begin immediately.

How Long Does it Last?

• The standby guardianship lasts for 60 days.
• Within 60 days, the standby guardian must file a petition with the Circuit Court in the county where the child lives to continue the standby guardianship.
• The petition must state why a standby guardian is necessary and the willingness of both parties (include the original form).
• Include the facts about the separation of the parents and the child:
  • Date of separation
  • Parent’s location
  • Any other documents relevant to the separation
• The petition must be approved by the court for standby guardianship to continue past 60 days.

Additional Resources:

• Creating a form to designate a standby guardian
• Standby Guardian of a Minor Child
• Filing court papers for free

Massachusetts:

The Law

The Massachusetts Standby Guardianship law allows parents to select a guardian for their child by using this Standby Guardian Designation form.

• Families can work with a lawyer to create this form.
• If you have a Standby Guardianship Designation Form:
  • It’s immediately effective when the emergency happens, but within 30 days it needs court approval.
  • Parents keep their parental rights.
• It is recommended to have a lawyer.
• It is free to file a petition for standby guardianship.

What Emergencies Qualify?

• Death
• Incapacitation (determined by the court)
• No longer able to care for the child (determined by a doctor)

How to Start a Standby Guardianship?

• A parent must use the Standby Guardian Designation form to choose a standby guardian for their child and sign it.
• The standby guardian must sign the Notice of Acceptance.
• The signings must be witnessed by 2 people who are 18+ and not the standby guardian.
• Then the parent must file a petition with the court to approve the standby guardianship.
• If the parent will be unable to care for the child within 2 years or less, the court must confirm the standby guardian.

How Long Does it Last?

• The standby guardianship lasts for 30 days.
• Within 30 days, the standby guardian must file a Notice of Acceptance of Appointment and a copy of the Standby Guardianship Designation form.
• These forms must be filed with the Probate and Family Court of the county where the child lives.
• If the appointment was not previously confirmed by the court, the standby guardian must petition the court for confirmation.

Additional Resources:

• Massachusetts Standby Guardian Law
• Probate & Family Court forms for guardianship and conservatorship

Minnesota:

The Law

The Minnesota Standby Guardianship law allows parents to select a guardian for their child by using this Standby Guardian Designation form.

• Families can work with a lawyer to create this form.
• If you have a Standby Guardianship Designation Form:
  • It’s immediately effective when the emergency happens, but within 60 days it needs court approval.
  • Parents keep their parental rights.
• It is recommended to have a lawyer.
• It is free to start a standby guardianship.

What Emergencies Qualify?

• Death
• Incapacity
• Debilitation

How to Start a Standby Guardianship?

• The parent must complete the Standby Guardian Designation form and sign it.
• The form must include:
  • The signed consent of the standby guardian.
  • The signed consent of the other parent (or a statement explaining why the other parent's consent is not necessary).
• The signing must be witnessed by 2 people who are 18+ and not named in the form (ex., the standby guardian cannot be one of the witnesses).
• The parent must petition the court for approval by filing the Standby Guardianship Designation form with the probate or family court division in the county where the child lives.
  • Within 10 days of filing the petition with the court, the parent must give notice to the standby guardian and other parent by giving them a copy of the designation form.
    • No notice is required for a parent whose parental rights have been terminated.
• If the form is approved before the emergency, the standby guardian’s authority starts when the emergency happens.
• If the form has not been approved by the court and the emergency happens, the standby guardian has authority for 60 days before needing court approval.

How Long Does it Last?

• The standby guardianship lasts for 60 days unless it has already received court approval.
• Within 60 days, if the standby guardianship has not been court-approved, the standby guardian must petition the court to extend the guardianship.
• The standby guardian must show the court the following:
  • Proof that the emergency happened (ex. doctor’s note).
  • The original Standby Guardianship Designation form the parent created.
• If the parent dies, the standby custodian will be automatically appointed as the permanent guardian.

Other things to know:

• If the standby guardianship hasn’t been approved by the court yet, the parent can cancel it by destroying the designation form and notifying the standby guardian.
• If the standby guardianship has already been approved by the court, for the parent to end it before the 60 days are up, they must file a written revocation with the court and notify the standby guardian in writing.
• Is a hearing required?
  • A hearing is required if there is another parent who has parental rights and has not consented to the standby guardianship.
    • The parent who wants to create the standby guardianship does not need to appear in court for the hearing IF they are medically unable to.
  • A hearing is not required if one of the following is true:
    • There’s only one living parent.
    • The parental rights of the other parent have been terminated.
    • Both parents consent to the standby guardianship.

Additional Resources:

• Standby Guardians
• Designation of Temporary or Standby Custodians

New Jersey:

The Law

The New Jersey Standby Guardianship law allows parents to select a guardian for their child by using this Standby Guardianship Designation Form.

• Families can work with a lawyer to create this form.
• If you have a Standby Guardianship Designation form:
  • It’s immediately effective for 90 days after the emergency; after that, it needs court approval.
  • Parents keep their parental rights.
• It is recommended to have an attorney.
• Petition filing fees generally range between $100 and $200.
• Fee waivers are available.

What Emergencies Qualify?

• Mental Incapacity
• Physical Debilitation (diagnosed by a doctor)
• Death
• Adverse immigration action (deportation/detainment)
• Incarceration,
• Military service

How to Start a Standby Guardianship?

• A parent must use this Standby Guardianship Designation Form to choose a standby guardian for their child and sign it.
  • The form must state exactly which emergency will trigger the standby guardianship.
• The signing must be witnessed by 2 people.
  • If the parent cannot physically sign, another person may sign at the parent's request.
• The parent must petition the Surrogate's Court in the county where the child lives within 6 months of signing the form for the standby guardianship to be approved.
  • If the parent does not do this within 6 months, the standby guardianship will be invalid.
• Once this process is complete, when the emergency happens, the standby guardianship will begin immediately.

How Long Does the Standby Guardianship Last?

• The standby guardianship lasts for 90 days.
• Within 90 days, the standby guardian must petition the court for confirmation.
• The confirmation petition must include proof that the emergency happened (ex. doctor’s note).

Other things to know:

• The parent can end the standby guardianship by telling the standby guardian.

Additional Resources:

• Appointment of standby guardian by court
• New Jersey Standby Guardianship Act

New York:

The Law

The New York Standby Guardianship law allows parents to select a guardian for their child by using this Standby Guardian Designation Form.

• Families can create this Standby Guardianship Designation form.
  • It’s immediately effective when the emergency happens, but within 60 days it needs court approval.
  • Parents keep their parental rights.
• It is free to create the standby guardianship.
  • However, extending the standby guardianship requires filing fees (between $20 and $30).
  • Fee waivers are available.

What Emergencies Qualify?

• Mental Incapacitation
• Debilitation (illness, disease, injury)
• Administrative Separation (arrest, detention, incarceration, removal, and/or deportation)
• Adverse immigration action (ex. deportation or detainment by ICE)

How to Start a Standby Guardianship?

• A parent must use this Standby Guardian Designation Form to choose a standby guardian for their child and sign it.
• The signing must be witnessed by 2 people who are 18+ and not the standby guardian.
• The parent must file the Standby Guardianship Designation form and the Petition for Appointment of a Standby Guardian form in either Surrogate's Court or Family Court.
  • Standby Guardianship Designation Form: This is created and signed first by the parent who chooses a standby guardian for their child in the event of an emergency.
  • Petition for Appointment of a Standby Guardian Form: This is what the standby guardian must also file with the court after the emergency happens to allow the standby guardianship to last more than 60 days.

How Long Does it Last?

• The standby guardianship lasts for 60 days.
• Within 60 days, the standby guardian must file the Standby Guardianship Designation form, the Petition for Appointment of a Standby Guardian form, and proof that the emergency happened (ex. death certificate, documentation of administrative separation) with the court to extend the guardianship.

Other things to know:

• The parent can end a standby guardianship at any time before it is approved by the court.
• If the standby guardianship has already received court approval, then the parent can end it by filing a written revocation with the court and informing the standby guardian.
• To prove arrest or deportation, you can use immigration appointment notices, court dates, or court orders.
  • If you don't have proof from immigration, you or the standby guardian can use a "sworn" affirmation (statement) to say what happened. You, the standby guardian, or a witness can write everything down, swear that it is true, and sign it.

Additional Resources:

• Planning Tools for Immigrant Parents - Standby Guardianship
• Standby Guardianship Project and Hotline
• Get the Standby Guardianship form and instructions
• Designation of Standby Guardian
• Standby guardian - NYS Senate
• How to Apply for a Fee Waiver

North Carolina:

The Law

The North Carolina Standby Guardianship law allows parents to choose a standby guardian for their child by using the Standby Guardian Designation Form.

• There are 2 ways to create a standby guardianship.
  • Families can work with a lawyer to decide which option is best for them and create a Standby Guardianship Designation form.
• If you have a Standby Guardianship Designation Form.
  • It’s immediately effective when the emergency happens, but within 90 days it needs court approval.
  • Parents keep their parental rights.
• It is recommended to have an attorney.
• Filing fees range between $120 and $150.
• Fee waivers are available.

What Emergencies Qualify?

• Incapacitation
• Debilitation (illness, disease, or injury)
• Death
• Parent consent to standby guardianship

There are 2 ways to start a Standby Guardianship in North Carolina

Option 1:

• The parent uses this form to choose a standby guardian for their child and sign it.
• The signing must be witnessed by 2 people who are 18+ and not the standby guardian.
  • If the parent cannot physically sign, another person may sign at the parent's request.
• When the emergency happens, the standby guardianship will begin immediately.

How Long Does it Last?

• The standby guardianship lasts for 90 days.
• Within 90 days, the standby guardian must file a petition for judicial appointment with the superior court clerk in the county where the child lives for the standby guardianship to continue.
• The petition must include:
  • The Standby Guardian’s Petition for Appointment.
  • The original standby guardian form created by the parent.
  • A copy of proof the emergency happened (ex. death certificate, a determination of incapacity/debilitation).
  • State whether there are any lawsuits involving the child.
    • If so, write the names of the people involved, case numbers, and the states and counties where the lawsuit was filed.
  • This petition must be verified by the standby guardian in front of a notary public.
• The clerk will set up a hearing to consider the standby guardianship.
  • A copy of the petition and written notice of the time, date, and location for the hearing must be sent to the child’s other parent (if any).
• At the hearing, the clerk will determine whether the standby guardianship requirements have been met and whether a standby guardianship is in the best interest of the child.
  • If the standby guardian is approved, the clerk will order the appointment of the standby guardian as the guardian.

Option 2:

• The parent can use this form to choose a standby guardian for their child.
• The parent must bring the form to a notary public for it to be verified AND file it with the superior court clerk in the county where the child lives.
  • The clerk will set up a hearing to consider the standby guardianship.
• A copy of the form and written notice of the time, date, and location for the hearing must be sent to the child’s other parent (if any).
  • If the other parent waives their right to notice of the hearing, the clerk will consider the form.
  • The parent who filed the form does not need to be at the hearing if they are medically unable to.
• At the hearing, the clerk will determine whether the standby guardianship requirements have been met and whether a standby guardianship is in the best interest of the child.
  • If the standby guardian is approved, the clerk will certify the standby guardianship and issue letters of appointment to the standby guardian.
• Once this process is complete, when the emergency happens, the standby guardianship will immediately begin.

How Long Does it Last?

• The standby guardianship lasts for 90 days.
• Within 90 days of the emergency, the standby guardian must file with the same clerk proof the emergency happened (ex. death certificate, doctor’s determination of debilitation/incapacitation) and the form created by the parent for the standby guardianship to continue.

Other things to know:

• The parent can end a standby guardianship at any time by creating a written revocation, filing it in the office of the clerk who entered the order, and giving the standby guardian a copy of the revocation.
• The written revocation should include:
  • The parent’s full name and address.
  • The name of the standby guardian.
  • A clear statement that the parent is revoking and terminating the standby guardian's designation and authority.
  • Signature and the date.

Additional Resources:

• Appointment by petition of standby guardian
• Standby Guardians
• How to petition for a fee waiver

Oklahoma:

The Law

The Oklahoma Standby Guardianship law allows parents to select a guardian for their child. 

• Court approval is required.
• There is information in the law about what is needed in the form.
• Families can work with a lawyer to create a Standby Guardianship Designation Form:
• There is a flat fee for guardianship cases is set at $135. There are fee waivers available, as stated here.

What Emergencies Qualify?

There is no list of emergencies that would qualify under the law. However, it is stated that there needs to be documentation supporting the occurrence of the emergency. 

How to Start a Standby Guardianship ? 

• A parent must create and sign a contract. The contract needs to then be filed with the court by the guardian no later than 30 days after the emergency. The contract must include the following information: 
  • The name, address and birthdate of the child affected; and
  • The name and address of the person designated as standby guardian or alternate.
• The court will approve the contract if they find that: 
  • The person was duly designated as standby guardian pursuant to this act and the designation has not been revoked;
  • A triggering event occurred, and the parent consented to commencement of the standby guardian's authority;
  • The best interests of the child will be served by approval of the standby guardian; and
  • If the petition is by an alternate standby guardian, that the designated standby guardian is unwilling or unable to serve.

How long does it last?

The guardianship lasts 1 month (30 days) without court approval. During that time, the guardian needs to ask the court for permission to carry on as the guardian beyond those 30 days.

Pennsylvania:

The Law

The Pennsylvania Standby Guardianship law allows parents to select a guardian for their child.

• Court approval is required. 
• There is an official sample contract from the state of Pennsylvania inside the law. It has been copy and pasted on this page. 
• Families can work with a lawyer to create a Standby Guardianship designation (AKA contract). 
• If you have a Standby Guardianship Designation (AKA contract): 
  • Parents keep their parental rights
• There are potential fees depending on the process the family follows, but they can be waived if it’s proven that those fees would cause hardship to the petitioner’s family.

What Emergencies Qualify?

• Death
• Being unwilling or unable to be a parent
• Parental rights being ended
• A parent is missing

How to Start a Standby Guardianship ? 

1. The parent must create a contract with the guardian. There is a template for what can be used as a contract in the law, as stated below.
   • A parent must sign the contract with two witnesses above the age of 18 present. The witnesses and the guardian also need to sign the contract.

Virginia:

The Law

The Virginia Standby Guardianship law allows parents to select a guardian for their child by using this form.

• Court approval is required after the emergency
• There is an official sample contract from the state of Virginia.
• Families can work with a lawyer to create a Standby Guardianship designation (AKA contract). 
• If you have a Standby Guardianship Designation (AKA contract): 
  • It’s immediately effective for 1 month (30 days) after the emergency. During that time, the guardian needs to ask for approval by the court to be the guardian.
• The process of extending the guardianship beyond the first month may result in filing fees. Information about fee waivers can be found here.

What Emergencies Qualify?

• Death
• Adverse immigration action (Such as deportation or detention by ICE)
• Incompetence or debilitation (As decided by a doctor)

How to Start a Standby Guardianship ? 

1. A parent or other qualified adult must ask the court for approval by creating a petition. 
   • The petition must say the name, address, and birthdate of the child, what emergency would start the standby guardianship, and the name and address of the guardian. 
     • If the person filing is not the parent, the consent of a qualified parent is required unless it can’t be given for medical reasons.
   • The petition needs to say what emergency would start the guardianship. 
2. After filing the petition, the parents should be notified (if they can be reached)
3. The court needs to summon the child if they are 12 or older
4. An order approving a standby guardian cannot be entered without a hearing if there are any other related adults who request a hearing within 10 days of the day of filing, or if there is any pending legal action about the custody of the child. 

The court will approve the standby guardianship if: 

• The guardian was properly chosen by the parent by contract
• There is evidence of the emergency occurring 
• The best interests of the child will be served by approving the guardian

How Long Does it Last? The guardian needs to ask the court for permission to be the guardian within a month (30 days) of the emergency.

Washington:

The Law

The Washington Standby Guardianship law allows parents to select a standby guardian for their child, when no parent is able or willing to perform their parental duties.

• Court approval is required.
• There is official sample contract from the state of Washington, linked here.
• There may be a fee, but it is automatically waived if the standby guardian is a family member.

How to Start a Standby Guardianship ? 

1. A parent must fill out the standby guardianship form. 
   • They can change or get rid of the standby guardian form at any time before the count approves the guardian. 
2. The petition to the court must include:
   • The minor, the parents of the minor, the standby guardian, and anyone else that the court determines is necessary to include.
3. The court will appoint the guardian who is in the best interest of the minor.

How Long Does it Last? 

The standby guardianship lasts for up to two years.

West Virginia:

The Law

The West Virginia Standby Guardianship law allows parents to select a guardian for their child.

• Court approval is needed.
• There is no official sample contract from the state of West Virginia
• Families can work with a lawyer to create a Standby Guardianship designation (AKA contract). 
• If you have a Standby Guardianship Designation (AKA contract): 
  • It’s immediately effective after the emergency
• There is a flat fee for guardianship cases of $110. More information can be found on the fees here and on fee waivers here.

What Emergencies Qualify?

• Incompetence
• Debilitation
• Certificate of death

How to Start a Standby Guardianship ? 

1. A parent must create a written designation. 
   1. The petition must include the following information: 
      1. The name and address of the petitioner and his or her relationship to the child, the name and address of the child's qualified parent, and the name and address of any other parent of the child whose identity and whereabouts are known to the petitioner or can reasonably be ascertained;
      2. The name, address and birth date of the child;
      3. The nature of the proposed triggering event and, if written consent is chosen as the proposed triggering event, any factors or circumstances that must be present before the qualified parent's written consent is effective;
      4. Whether a determination of incompetence or debilitation has been made and, if so, when and by whom
      5. Whether there is a significant risk that the qualified parent will die imminently or become physically or mentally incapable of caring for the child or die as a result of a progressive chronic condition or illness; however, a petitioner shall not be required to submit medical documentation of a parent's medical status with the petition;
      6. The name and address of the person proposed as standby guardian and any alternate standby guardian, and if the parent is competent, that the qualified parent approves of the persons proposed;
      7. Whether the petitioner requests that the person proposed as standby guardian be given authority as a guardian of the person or guardian of the property of the minor, or both;
      8. A statement of any known reasons why the child's other parent is not assuming or should not assume the responsibilities of a standby guardian;
      9. Whether there is any prior judicial history or pending litigation regarding custody of the child; and
      10. The name and address of the attending physician.
2. The designation needs to be signed by the parent, and two witnesses must be present. 
3. The designation should be delivered to the standby guardian.
4. The guardian needs to ask the court for permission within 30 days of the emergency to be the standby guardian. 

How long does it last?

There is no set end date in the statute for a standby guardianship

Wisconsin:

The Law

The Wisconsin Standby Guardianship law allows parents to select a guardian for their child by using this form.

• There is an official form from the state of Wisconsin.
• Parents keep their parental rights.
• The court must approve of the standby guardianship.
• There is a $50 fee for the hearing and petition if your income is above $10,000 but less than $25,000.
  • However, if your income is below $10,000, there is no fee. 

What Emergencies Qualify?

• Debilitation (being physically unable to care for the child) as decided by a doctor
• Incapacity (being mentally unable to care for the child) as decided by a doctor
• Death

How to Start a Standby Guardianship? 

1. A parent must fill out the form. 
2. The parent must sign the form in the presence of two witnesses. The witnesses and the standby guardian must sign the form as well. 
3. More than one standby guardian can be selected, as a back up plan.
4. Any changes to the court order creating or changing the standby guardianship need to be told to the guardian.
5. The guardian needs to ask the court for permission to be the standby guardian within 6 months of the emergency occurring. 

How Long Does it Last?

The standby guardianship lasts for 180 days (6 months).