SB 35 - This act authorizes a court to appoint a standby guardian to temporarily assume the duties of guardian over a minor child. The appointment of a standby guardian becomes effective upon the disability, incapacitation, or death of an appointing parent or legal guardian. In order to become effective, the standby guardian must file an acceptance of appointment within 30 days of the court's confirmation. A court is prohibited from acting on the petition if the minor has a living parent who has not consented to the appointment. In the event a parent or guardian should die, the standby guardian may petition the court within 60 days to make a formal guardianship request. An appointing parent or another interested party is allowed to petition the court to confirm the parent's selection of a standby guardian and terminate the right of other individuals to object to the appointment of that individual as guardian.
This act is similar to SS/SB 596 (2006).