Standby Guardianship
Giving parents a peace of mind.
Originally crafted in response to the HIV/AIDs epidemic in the 80s, the Surrogate Court Procedure Act allowed parents who were terminally ill to designate a trusted person as their children’s guardian after their death or incapacity.
In 2018, LegalHealth led a coalition to expand the Standby Guardianship bill, which amends the Surrogate Court Procedure Act to enable immigrant parents to appoint a standby guardian in the event of an “administrative separation,” such as an arrest, detention, incarceration, removal, or deportation by immigration enforcement.
LegalHealth also created at Standby Guardianship Hotline to expand our capacity to assist noncitizen parents who may be at risk of detention or removal and want to make plans for their children.
With these updates, more parents have the ability to make an appointment or designation of guardian that only takes effect upon a triggering event. This legal tool gives parents more peace of mind in ensuring the long-term safety of their children.
