SB 745
Authorizes a court to appoint a standby guardian for a minor or an incapacitated adult
LR Number:
Last Action:
1/10/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee
Journal Page:
Calendar Position:
Effective Date:
August 28, 2008

Current Bill Summary

Sb 745 - This act provides that a custodial parent may designate a person to act as a standby guardian of their minor child or incapacitated adult child by a will or by a separate written instrument. If a parent who has designated a standby guardian is or becomes seriously ill, the parent or designated standby guardian may file a petition in probate court seeking appointment of the person as the standby guardian of the minor child or incapacitated adult child. The petition must be filed with a copy of the will or instrument designating the standby guardian, with consent to act as standby guardian by the person so designated. The petition also must contain certain identifying and contact information for the minor or incapacitated adult child, the custodial parent and designated standby guardian, each parent of the minor or incapacitated adult child, the spouse and all living children of the minor or incapacitated adult child, information about any adjudication of incapacity for such child, and the reasons why a standby guardian is sought.

The court shall determine appointment of a standby guardian after considering whether there is a parent other than the custodial parent willing, able and fit to care for the child, the suitability of any person nominated by the child to be his or her standby guardian if the child can communicate such, and the desirability of minimizing stress and disruption for the child and avoiding placement of the child in foster or similar care if the parent is incapacitated or dies.

The act also states that the authority of the person to act as standby guardian shall take effect if the person has previously been appointed by the court as a standby guardian, or, if the person has not yet been appointed, when the consent of the parent is given in a written instrument, an entry of an order adjudicating the parent as incapacitated has been entered, or the custodial parent dies, whichever first occurs. The standby guardian must notify the court within ten days after he or she begins acting as standby guardian, and within sixty days, must petition the court for appointment as a standby guardian or for another qualified person to be guardian for the minor child or incapacitated adult.

Nothing within this act shall be construed to deprive a parent of his or her legal rights or obligations towards a minor or incapacitated adult child, or to supersede such rights.

This act is similar to SB 596 (2006) and identical to SCS/SB 35 (2007).