The Most Important Emergency Planning Form That Every Parent Should Know About

Most people are aware that you can (and should) make guardianship designations in your will so that there will be a roadmap for the court and your loved ones should you and your child’s other parent pass away. But one thing many people don’t consider is what would happen to your children if you are alive, but incapacitated. 

These aren’t fun situations to consider. Turn out, as an estate planning attorney it’s my job to be kind of a downer and remind people about these things. What if you have a bad case of Covid and are ventilated? Or you are in a car accident and on life support? If your child’s other parent is available, they are the natural and legal guardian automatically. But if they are also unavailable, then your children will be in need of someone to step in to make legal decisions for them. Remember, if something like this has happened, your child is probably in extreme distress and in need of mental health and/or medical support very urgently.

Let’s Explore Maryland’s Standby Guardianship Form:

What Is It? A court form (created by Estates and Trusts § 13-904) to designate who you would like to step in as guardian for your child should you become mentally incapacitated, physically debilitated, or subject to an adverse immigration action. 

Why Do I Need It? To make things easier on your children and your loved ones in an emergency situation by giving an individual temporary guardianship without going to court. Without this form, your loved ones would need to decide amongst themselves who should serve as guardian, hire a lawyer and petition the court for guardianship. Even in the best case scenario where there is no disagreement about who should serve, this process takes time and money. In the meantime, your family will likely encounter roadblocks in getting your child the care they need. 

How Do I Complete It? After making the selections you would like, you will need two witnesses to your signature. You also need your child’s other parent to either sign the form or sign a separate consent form. This form does not require a notary. 

When Should I Fill It Out? Complete a standby guardian form before there is an issue. Sometimes you will have some advance notice that a period of incapacity may be on the horizon, but sometimes these issues come out of the blue. This form needs to be updated every six months, so set a calendar reminder to refresh it. Other good times to check in and make sure your standby guardian form is current and complies with your wishes: before international travel, when you get a serious health diagnosis, or before you do something that feels especially risky (base jumping, anyone?).

Where Should I Keep It? Once completed, keep this form with your other legacy planning documents, in a safe and conspicuous place that you tell your loved ones about. You want this and your other documents that kick in during incapacity (such as your power of attorney and medical advance directive) to be easy to locate in an emergency. It is also important that you include a copy of your child’s birth certificate with the form, as your child’s standby guardian will need a copy.

For help with this and other important legacy planning documents, make an appointment for a quick chat to get started today.