A Standby Guardian can help if:

  • You are arrested, detained, incarcerated, removed or deported; or
  • You have a mental impairment and can't understand the nature and consequences of decisions about the care of your children; or
  • You have a fatal illness or a physically debilitating (disabling) condition that makes you unable to care for your children; or
  • You die.

Source: Community Legal Advocates of New York

Things you should know before starting

Who can use this form?

If you are the parent or legal guardian of a minor child (under the age of 18) and you are worried that you may not be able to care for your child in the future, you can name someone as the child’s Standby Guardian.

Signing this form

You will need to sign this form in front of two witnesses, in-person. Virtual (online) witnessing is not allowed for this form.

What to do next

You can print the form and fill it out by hand or fill out the form on your computer and then click print to get a typed version.

If you fill it out on the computer, do not type in initials or signatures. Sign by-hand after you print.

Go back to the guide

This resource is part of a longer guide on legal planning documents. If you just landed here, click here to go back to the guide to learn more about power of attorney and other legal planning documents you may want to prepare.

For more information

See the Resource Guide (on breast cancer, but helpful for everyone) by The Family Center.

Download the forms and instructions

Click on the PDF documents below to open and print the forms and instructions.

 

Download the instructions for the form (click the PDF icon)

standby-guardianship-from-instructions.pdf

Download the form

standby-guardianship-form.pdf

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Last Reviewed: June 21, 2023