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Secure Your Children's Future with Thooft Law: Setting Up a Standby Custodian

Keats McGraw

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.