Difference Between a Guardian and a Standby Guardian | Siedentopf Law

Estate Planning and Probate Attorney Sarah Siedentopf explains the difference between a guardian and a standby guardian. #guardianvsstandbyguardian #estateplanning #siedentopflaw

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Siedentopf Law focuses on helping people in the Atlanta, Georgia area plan their estates and wills, probate estates of family members, and work through probate disputes. We strive to make estate planning and probate as easy as possible, providing a concierge experience through traditional office visits, video conferencing, and visits to hospitals and assisted living centers for those who cannot drive themselves.

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Video Transcript:
What is the difference between a guardian and a standby guardian? I'm Sarah Siedentopf. I'm an estate planning attorney in Atlanta, Georgia. And you may not have even heard of a standby guardian. So this is something that we like to set up for people with minor children. When you're doing your other estate planning, we want to do a designation of standby guardian, as well as your will. But what is the difference? The difference is the standby guardian, that designation is only active during your lifetime. The will names the guardian, or co-guardians, or the list of guardians who are going to raise your children up to the age of 18 and probably take care of them longer than that if you pass away. So this is the person that, if you die, is going to take care of your children long-term, and that person can live in another state. Sometimes, they live in another country. It's the person that you think is the best choice for long-term raising your children. The standby guardian is a short-term guardianship that only kicks in if you are alive but unable to take care of your child or children. So you are in the hospital temporarily, you're going to get better, you're not dead, then the designation of standby guardian kicks in. So we've got a short period where this person can authorize medical care, talk to the school. There's no question of child protective services, children and family services having to do anything. You've already got someone chosen, and so can this be the same person as your guardian? Sure. But, only if the person you are choosing as your guardian lives close. The big deal with designation of standby guardian is that you designate someone who can get there quickly in case of an emergency. I like to tell people within an hour, "Would I love for it to be within half an hour?" yes. This is the person that it's 3:00 in the morning, you haven't come home, the babysitter has not been able to reach you, you're not answering the phone, babysitter's freaking out. This is the person that they call to be there quickly in the case of an emergency to take the kids. So can it be someone in another state? Only if you live close to the state line. It really is someone that needs to be there quickly in the case of an emergency. And of course, someone that you would trust to, short-term, take care of your children, but it's not the same level of long-term commitment. And so I do feel like proximity is a very important component of that choice, whereas who's the best overall choice, regardless of where they live, is a bigger aspect of the official guardian. So those are the differences between standby guardian and guardian under the will. If you've got more questions about this and want to designate a standby guardian, please let me know, I'd love to hear from you. And thank you for watching, and please like and subscribe.