Why and How to Name a Standby Guardian in Georgia
Standby Guardianship in Georgia: How to Protect Your Child if Something Happens to You
What would happen to your child if you were seriously injured or suddenly hospitalized? For single parents in particular, this situation is an absolute nightmare. It’s a scenario no one wants to think about, but it’s something every parent should prepare for.
Most people are familiar with the idea of naming a guardian in their will—someone who would care for their child if they passed away. But what if you’re alive and simply unable to care for your child temporarily, due to illness or incapacity?
That’s where standby guardianship comes in.
In Georgia, a standby guardian is someone you legally authorize to take temporary custody of your child if a triggering event occurs. It gives your child continuity of care and gives you peace of mind.
What is a standby guardian?
A standby guardian is a trusted adult you designate to step in and care for your child if you’re temporarily unable to do so. Unlike a permanent guardian named in your will, whose role begins only after your death, a standby guardian’s authority is activated while you’re still alive, based on a triggering event that you define in advance. Triggering events might include hospitalization or serious illness, physical or mental incapacity, or a travel-related absence.
How to establish a standby guardianship in Georgia
To make your designation valid under Georgia law, you must:
- Put your wishes in writing.
- Name an adult who will serve as the standby guardian.
- Have the document signed by two witnesses (not including the named guardian).
Both parents must consent to the designation, unless one parent’s rights have been terminated or if they can’t be located. Note that standby guardianship does not terminate your parental rights; it simply allows someone to step in temporarily if the need arises. This means that standby guardianship does not relieve a parent of their duty to support their child.
When does standby guardianship begin?
Standby guardianship begins after a triggering event, such as a medical diagnosis of incapacity, serious injury or physical debilitation, or another event you identify in your designation (for example, international travel).
To activate the guardianship:
- The standby guardian must be notified of the event.
- A doctor must document your incapacity or condition, if applicable.
- The standby guardian must file a petition with the court within 120 days of taking custody to formalize their role.
Depending on your condition, you may still be able to communicate with the guardian and participate in decisions about your child’s care after standby guardianship is activated.
How to revoke or change a standby guardian
Your standby designation isn’t set in stone. You can revoke it at any time before the triggering event by destroying the document or preparing a written revocation signed by you, two witnesses, and ideally the named guardian. You can also revoke it after activation by filing a revocation notice with the court and notifying the guardian. Many parents revisit their designation after major life changes such as divorce, remarriage, or a move.
Why parents choose standby guardianship
Naming a guardian in your will only takes effect if you pass away. But life is unpredictable, and your child may need care even while you’re still alive.
A standby guardian provides:
- Legal authority for someone you trust to care for your child in your absence
- Faster custody transitions during an emergency
- Temporary support without permanently giving up your parental rights
- Peace of mind knowing your child won’t fall through the cracks if something happens
Frequently asked questions
Who should I choose as a standby guardian?
Choose someone your child knows and trusts. Ideally, this is someone who lives nearby and who can step in quickly in an emergency. Many parents name a close friend, neighbor, or relative.
Can my standby guardian live out of state?
Yes, but it’s often better to name someone local for immediate response. The benefit of a standby guardian is that they can step in quickly in the event of an emergency. If they have to arrange travel from out of state, your child might still spend a few days in limbo.
Is standby guardianship the same as naming a guardian in my will?
No. A will-based guardian only takes effect after your death. A standby guardian can step in while you’re still alive.
Do I need a lawyer to designate a standby guardian?
Technically, you can complete the document yourself. But to ensure it’s valid, enforceable, and meets your specific needs, it’s usually best to work with an experienced estate planning attorney.
Make sure your child is protected
If you’re a parent in Georgia, setting up standby guardianship is one of the most important (and overlooked) ways to protect your child. It’s a simple step that can make a huge difference for your peace of mind, even if you never need to use it.
Schedule a strategy session or call (404) 736-6066 to get started.
