Standby minor guardianship guide
Reviewed for legal accuracy on 10/15/2026
Parents: You can plan ahead to have a court-appointed guardian for your children if there comes a time when no parent is able or willing to care for them. Standby guardianship lasts until a child turns 18, so it can be a longer term solution than a 2-year Power of Attorney for Parental Powers. Consider standby guardianship if you're facing long-term incarceration, deportation, or planning for your death. (Forms and instructions)
1. Fast facts
If you’d rather avoid going to court, an alternative to minor guardianship might better fit your situation.
What is standby guardianship?
Someone looking to get legal custody of another person’s child must get a court order for Minor Guardianship. This creates a legal relationship between the child and an adult whom the court appoints to be their guardian.
Standby guardianship is for when your child doesn’t need a guardian now, but you know or believe the child will need one in the next 2 years. This lets you arrange for the child’s care after a future event happens, such as long-term incarceration, terminal illness, or deportation.
How is standby guardianship different from other types of minor guardianship?
In most other types of guardianship, you file because you believe the child needs a guardian now. Standby guardianship lets parents plan for guardianship to take effect later if something happens in the future.
The process of getting a standby guardian is also different from how you get other types of guardianship. Only a parent or guardian nominee can file for standby guardianship. And some of the forms are different.
When should I file for standby minor guardianship
You can nominate someone to be a standby guardian at any time. However, the court will only approve a standby minor guardian if you’re likely to need one within the next 2 years.
There’s no time limit between signing the nomination form and filing the standby minor guardianship case in court. You can sign a nomination form now, then wait to file the court case until it’s likely a guardian will be needed within 2 years.
Where do I file for standby minor guardianship?
The Petitioner must file a standby guardianship case in the Superior Court of the county where the child lives or is located. Or, if there’s a custody or parental rights court case happening in another county, you can file there.