What is a Standby Custodian,
Guardian or Designated Caregiver?
What would happen to your children if you and your partner were involved in
a serious accident?
Whatif you had no extended family or they were not available to help in a
if your child is TOO COMPLEX for your extended family to handle with love
may know that you can designate a guardian in your Will to care for both the
person and the estate of your children if you should pass away. This person is
called a testamentary guardian. However, did you also know that laws in 22
states (see list below) and the District of Columbia have enacted standby
guardianship provisions in their laws to allow you to designate a standby
guardian if you should encounter some unforeseen circumstance other than death?
Standby Custodian, Designated, Guardian, Guardianship, Custodial Care in your
State Statutes and laws Minnesota
Statutes are available here as an example
Some states allow you to designate this status on your drivers license. Your
Driver's License can offer immediate child protection for your child(ren)!
A few minutes and a few dollars can provide your children with an immediate
Standby Guardian of your choice in an emergency situation.
What is a Standby Guardian?
is another alternative for transferring the custody and the care of children to
another person. Standby Guardianship allows the custodial parent to make future
plans for his or her children without having to legally transfer decision-making
A standby guardian is a responsible
adult who has agreed to care for your child(ren) for up to one year in case of
an emergency. An emergency may be injury, illness, accident, or crisis. It may
Natural Disaster Emergencies and Situations
(flood, tornado, hurricane, earthquake)
Emergencies and Situations
(illness, injury, medical treatments, intense stress)
Emergencies and Situations
(allegations, family crisis)
No one expects a crisis to hit their family, but they do happen . In Minnesota, prior to the Designated Care Giver
Law that has since become the Standby
Guardian it was illegal to keep your children in non-relative, unlicensed
care for more than 30 days. Minnesota
parents now have the power to determine who their children will live with during
these special times and rest secure they are safe while they deal with the
complex issues and difficulties of life.
For the legal definition of stanby
guardian go to:http://definitions.uslegal.com/s/standby-guardian/
Who will this program help?
First and foremost we want it to help children, so that kids are provided
immediate support while their families face difficulties.
Disaster relief personnel working in crisis areas to immediately determine
placement of children
Single parents facing family crisis or employer related travel outside of
local area for extended periods of time.
Families with terminal, chronic or ill significant person Injured persons
What does it cost?
You will need a NOTARY and that is normally free at your local bank and is
sometimes available at your pharmacy for no charge.
Where do I find a notary?
Simply go to your local bank. It is usually a free service.
Where is the actual law?
of the law was brought to the Minnesota legislature prior to 2000 by Jodee
Kulp and Greg Olson who secured the support of the AIDs community and terminal
illness organizations in their state. A special thank you for this initial
legislation to MN Rep Barbara Sykora and her hard work in
were originally designed to protect complex children with physical and
neurological differences and in response to the AIDS crisis to allow a
terminally ill parent to designate a standby guardian to take over the day to
day care of a child in the event of a triggering event, such as incapacity,
without the parents' rights being terminated. There is a Sense of Congress in
the Adoption and Safe Families Act (ASFA) that States should pass these laws:
- current data for your state must be researched on your own
for more information
Arkansas: AK Code, 28-65-221
California: CA Probate Code, section 2105
Connecticut: CT Statutes, section 45a-624
Florida: FL Statutes, 744.304
Illinois: IL Statutes, Chapter 755, section 5/11a-3.1
Iowa: IA Statutes, 633.560
Maryland: MD Code, 13-903 and 13-904
Massachusetts: MA General Laws,
Ch. 201, section 2B
Nebraska: NE Revised Statutes, section 30.2608
New Jersey: NJ Statutes, 3B:12-67 to 3B:12-76
New York: NY Consolidated Laws, SCPA, section 1726
North Carolina: NC Statutes, 35A-1370 to 35A-1382
Pennsylvania: PA Statutes, 5602 to 5612
Virginia: VA Code 16.1-349 to 16.1-355
West Virginia: WV Code 44A-5-1 to 44A-5-8
Wisconsin: WI Statutes 48-978
Wyoming: WY Statutes 3-2-108