What is Standby Guardianship in Connecticut?
If you are a parent of a minor child, it is critical for your estate plan to address guardianship of your child in the event of your death or your incapacity (and the child’s other parent’s death or incapacity). You may not realize it, but being able to name a guardian of your choice, and who you want the court to appoint as your child’s guardian if you are no longer able to care for your child, is something that you can do in a will. By making a will, not only can you identify the beneficiaries of your choosing to inherit your assets and an executor to administer your estate, but you can also designate a person you trust to be your child’s guardian.
When you designate a person through your will to serve as your minor child’s guardian in the event of your death or incapacity (and the death or incapacity of the child’s other parent), you will be designating a “standby guardian” under Connecticut law. What does this involve and what should you know? Our Connecticut estate planning lawyers can explain in more detail.
Defining a Standby Guardian, or Standby Guardianship
Under Connecticut law, there are many different types of guardians, including different types of guardianships for a minor child. Guardians can be designated or appointed for adults or children under different types of circumstances, and a minor may need a guardian for different reasons and at various points in a particular situation. A standby guardian of a minor is the type of guardian designated in a person’s will, and Connecticut law defines it as follows:
“A parent or guardian, as principal, may designate a standby guardian of a minor in accordance with the provisions of [Connecticut law] . . . . Such designation shall take effect upon the occurrence of a specified contingency, including, but not limited to, the mental incapacity, physical debilitation or death of the principal.”
In other words, a parent can designate a standby guardian whose guardianship will only take effect if a specific type of “contingency” occurs, which is typically the incapacity or death of the parent.
Contact a Connecticut Estate Planning Lawyer for Assistance with Guardianships of Minor Children
Every parent with a minor child or minor children in Connecticut should be sure to have an updated estate plan that includes a will in which they designate a standby guardian. Having a standby guardian can ensure that your child will be cared for by a person you trust, and it can give you peace of mind going forward. In addition to speaking with an estate planning lawyer about designating a standby guardian, you should also ensure that you have made financial plans for your child’s future, which may include the creation of a trust and beneficiary designations on insurance policies and bank accounts.
An experienced Canton estate planning attorney at the Law Office of Brian S. Karpe can begin working with you today on all elements of your estate plan to ensure that your child is taken care of in the future, even if you are no longer here to provide that care yourself.
Source:
cga.ct.gov/current/pub/chap_802h.htm#sec_45a-624
