Secure Your Children's Future with Thooft Law: Setting Up a Standby Custodian
Are you a parent who worries about what would happen to your children if something were to happen to both you and your partner? It's a difficult question, but one that needs to be addressed. At Thooft Law, we understand the importance of planning for the unexpected, which is why we highly recommend setting up a Standby Custodian.
A Standby Custodian is a designated adult who can step in and temporarily care for your children if you become unavailable. This person can be a family member, friend, or someone else you trust. However, it's crucial to carefully consider who you choose as a Standby Custodian. Factors such as their living condition, distance, lifestyle, and more should be taken into account. At Thooft Law, we guide our clients through this decision-making process, ensuring that they make the best choice for their children's well-being.
But when does the Standby Custodian actually gain custodianship? It's when certain triggering events occur, such as mental or physical incapacitation, incarceration, comatose, or death. The Standby Custodian then has the authority to make legal decisions, seek medical care, make educational choices, and provide a stable home for your children.
You may be wondering how long the custodianship lasts. After the triggering event, the Standby Custodian must file a petition with the court within 60 days to continue the custodianship. If both parents have given their approval, the court can grant permanent custodianship without a hearing. However, if there is a surviving parent who contests the custodianship, a hearing will be held to determine the best interests of the child.
What if both parents pass away and there is no designated custodian? In that case, the court will decide who to appoint as the custodian, which may not align with your wishes. This is exactly why having a Standby Custodian is crucial – it ensures that your children are cared for by someone you trust and who understands your wishes.
At Thooft Law, we have the expertise and experience to help you set up a Standby Custodian. Our trusted attorney, Keats McGraw, is dedicated to estate planning and has helped numerous clients make important life decisions. We specialize in trusts, wills, estate planning, and probate, making us the go-to law firm for many clients in Minnesota.
Don't leave your children's future to chance. Contact Thooft Law today to set up a Standby Custodian and gain peace of mind knowing that your children will be taken care of by someone you trust. Call us at 651-955-2934 or fill out the form below. Let us help you protect your family's future.