What is Standby Guardian Protection?

author by Robert Schaller on Jan. 09, 2023

Other Power of Attorney Estate  Estate Planning Estate  Wills & Probate 

Summary: Who takes care of your child should something happen to you? Advanced estate planning today can give you peace of mind – knowing that if something catastrophic were to happen to you, your child can be raised by a family member or close friend of your choosing. The Schaller Law Firm can give you peace of mind by drafting a “Standby Guardian” designation that identifies who you want to act as guardian and raise your child if you die prematurely or suffer a catastrophic accident leaving you in an irreversible vegetative state (think car or truck collision). This is a key component of the Schaller Law Firm’s “New Parent Child Protection Plan.”

Attorney Robert Schaller asks the following estate planning question: Who takes care of your child should something happen to you?

Parenthood!!! Is there any life event more emotional than giving birth (or adopting) a child? It’s joyous with an overwhelming sense of love.  Your new baby is really a gift from God that brings love and devotion. Holding, touching, watching, smelling, and playing with your child as he/she grows are the ingredients of life-long memories.

Attorney Robert Schaller undertands that becoming a parent is an exciting life event – but it is also a life changing experience. You may feel overwhelmed by a blend of physical, hormonal, and emotional changes while learning new tasks and skills of parenthood. Constant feeding, diapering, holding, and protecting can consume you. These immediate needs are the primary focus of any new parent.

But parenting is a long-term commitment. Good parenting requires you to remember the importance of protecting your child should something catastrophic happen to you. Nobody plans an accidental death – that’s why it’s called an accident. But accidents do happen, and good parenting requires you to protect your child with advanced legal preparation  through the Schaller Law Firm’s “New Parent Child Protection Plan.”

Advanced estate planning today can give you peace of mind – knowing that if something catastrophic were to happen to you, your child can be raised by a family member or close friend of your choosing. The Schaller Law Firm can give you peace of mind by drafting a “Standby Guardian” designation that identifies who you want to act as guardian and raise your child if you die prematurely or suffer a catastrophic accident leaving you in an irreversible vegetative state (think car or truck collision). This is a key component of the Schaller Law Firm’s “New Parent Child Protection Plan.”

Choosing Your Standby Guardian:

Ask yourself the following questions:

Who should raise your child? Your family? Your spouse’s family? Who would love and care for your child as you would? Who would protect your child as their own child?  Where would your child live? The answer to these questions will have a profound impact on your child’s life should you die prematurely. 

Choosing a guardian is not only your parental duty, but it is a problem solver. If you cannot raise your child, you don’t want your surviving family members and in-law family members fighting over who should raise your child. You don’t want an epic court battle for custody of your child.

By drafting your “Standby Guardian” designation you get to nominate who you feel shares your values and who will do the best job raising your child. This is one of the most essential tasks any parent should do, and you should do it as soon as your child is born.

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