Stand-by Custodial Document for Minnesota Parents – Anticipating the Unexpected Event

Boy with KiteI last posted information on Minnesota’s statute that allows a parent to delegate his or her rights to a non-parent third party by a form called Minnesota Delegation of Parental Powers.  ( Blog Post 5/2/2014).

Minnesota’s Stand-by Custodial appointment statute is useful for all parents as well.   The Stand-by Custodian appointment allows a parent to appoint a third-person as custodian for the children who “springs” into that role only upon the directive in the form.

The name Stand-by Custodian explains the position- the person named is standing by to care for the kids in the event a parent is unable to care for the children for any reason.  The Stand-by Custodial form anticipates the unexpected event that may incapacitate a parent.

For example, I can appoint my sister as a Stand-by Custodian of my kids and she springs into that role on the directive in my appointment.  I would certainly have my sister spring into the role of Custodian in the event I was in a coma, too incapacitated to sign a delegation  or in the event of my death.

Single parents may benefit from a Stand-by Custodial appointment when the other non-custodial parent is not the best choice for the children.  In the foregoing situation, however, there are specific notice requirements of the appointment.

As always, consult with your attorney if you have questions or concerns.

Link to Minnesota Statute Chapter 257B Stand-by Custodian 

Kate Willmore , Saint Cloud, Minnesota, Divorce, Family Lawyer & Mediator    (320) 217-6030

Copyright 2013


About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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