Designation of Standby Guardian (SBG)

In a Designation of Standby Guardian (SBG), you pick someone to be your child's guardian if certain events happen. This person is called the "Standby Guardian" (SBG).

The key things to know about this process:

You use a form to set it up.
The SBG starts only if a "triggering event" happens.
The standby guardian's powers last for 60 days after the triggering event. If they don’t go back to court, their powers will stop after 60 days.
The standby guardian will need to ask the court to appoint them as the child’s guardian. They are still a standby guardian while they wait for the judge's approval.

Who can set this up?

A parent, guardian, or person with primary custody of a child can set up a Standby Guardianship. The law doesn’t require both parents to sign the form.

How do I get started?

Fill out this “Designation of Standby Guardian” form (or a similar form) on your computer and then print it. You can also print the form and fill it out by hand.
Choose who will be your Standby Guardian and write the reason they will be good for your children. You need to explain how this person would be "in the child's best interest."
Initial and sign the form by hand and have two witnesses also sign the form. The Standby Guardian cannot be one of the witnesses.
Give your SBG the signed original and keep a copy for your own records.

When does it start?

The SBG starts only if one of these "triggering events" occurs:

You die
You become mentally "incapacitated" (unable to make decisions about your child’s care)
You and your child are separated by immigration detention or deportation ("administrative separation")
You become physically "debilitated" (unable to care for your child) and you want the guardian's powers to start

How to prove the SBG has started

The SBG starts when the triggering event happens. The SBG form and the proof of the triggering event shows that the person is acting as the SBG. They can use this as proof to the child's school, health care providers, and others.

Depending on the case, proof of the triggering event must include:

The death certificate
A doctor's note about the parent's mental or physical disability
- For mental incapacitation, this is a special letter from your doctor called a “determination of incapacitation”
- For physical debilitation, this is a “determination of debilitation” from your doctor and your written consent (agreement) to the SBG starting
Proof of immigration arrest or deportation.

Sometimes it's hard to prove arrest or deportation. Share immigration appointment notices, court dates, or court orders with your SBG. If you don't have proof from immigration, you or the SBG can use a simple "sworn" affirmation (statement) to say what happened. You, the SBG, or a witness can write everything down, swear that it is true, and sign it.

When does the SBG go to court and what happens?

For the first 60 days after the triggering event, your SBG can show the documents they have (the SBG form and their proof of the triggering event), whenever they need to act as the child's guardian. Next, they need to go to court to ask to become the permanent guardian. They should do this within 60 days.

In most cases, your SBG goes to Family Court and files a petition for guardianship. A petition is a form that asks the court to consider a request. It is filed with the SBG form and the proof. However, if you have property that needs guardianship too, the SBG goes to Surrogate's Court and uses this petition instead. Examples of property are: if a parent left life insurance, a 401k account, or other property for the child. You can find the Surrogate Court nearest you using the Court Locator Tool.

Sometimes the judge asks for other forms too. Court clerks can help the SBG identify which forms to use. If the SBG needs legal help, family courts around the state have “help desks" in several locations. In New York City, legal experts from Family Legal Care (a nonprofit that helps people) work at court locations in the Bronx, Brooklyn, Manhattan, and Queens.

Once the SBG files for guardianship with the court, they can keep acting as your Standby Guardian until the court makes an order in the guardianship case. If the court appoints your SBG as the child’s permanent guardian, it will give that person “letters of guardianship.” These are your guardian’s new proof of guardianship.

Will I lose my parental rights?

No! You will not lose your parental rights by choosing a standby guardian. You can revoke (cancel) an SBG at any time, although it is easier to do this before the triggering event happens. When the triggering event happens, you and the standby guardian have "concurrent authority." That means you both can make decisions for the child.

Is this right for my situation?

A Designation of Standby Guardian is a good option if you:

Want to plan ahead for serious situations like death, incapacity, or deportation
Need an arrangement only if something happens to you
Prefer not to go to court (but your SBG goes to court after the triggering event happens)