Declaring a Standby Guardian

If you’re an Indiana parent with kids under 18, then you should know about a standby guardian declaration.

Indiana law allows you to appoint a standby guardian to immediately serve as guardian of your children in the event of your passing or incapacity.  A standby guardian is granted the same powers that a guardian is granted when a guardianship is established through the Courts. The use of a standby guardian is meant to provide prompt authority to a person of your choice act as guardian before the Court appoints a permanent guardian for them (which may well be the same person.)

The appointment terminates ninety days after becoming effective unless the standby guardian files a petition for guardianship of the minor child with the Court during that period.

We regularly recommend standby guardian declarations in the context of broader estate planning.

If you have questions about standby guardian declarations or other tools to protect your kids, please get in touch.

We can help.