Standby Guardians

A parent or a guardian (each a “designated individual”) may appoint a standby guardian of a minor. O.C.G.A. § 29-2-10. Upon determination that the designating individual is unable to care for the minor, the standby guardian, without judicial intervention, may assume all rights, duties and responsibilities of guardianship of the minor. The standby guardian must file a notice of standby guardianship with the probate court where the minor lives. A statutory form appears at O.C.G.A. § 29-2-11(c). The form must be signed by the designating individual and two witnesses. Within 120 days from the date of the health determination, the standby guardian must file a petition seeking temporary guardianship; the standby guardianship terminates upon the earlier of 120 days from the date of the health determination, or the death of the designating individual.

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