Standby Guardian For Minor Children

One of the most important aspects of planning for parents is the appointment of a guardian for their minor children.  For parents, this is often times one of the most difficult decisions they have to make.  Once made, the appointment is made in the parents' respective Wills and is, more often than not, left that way. 

The problem with this scenario is that the appointment only becomes effective upon the death of the parents.  What if both parents, or the surviving spouse, are simply incapacitated and have not passed on.  Well, the appointment in the Will is simply ineffective for this scenario.  Thus, all parents must also avail themselves of Connecticut General Statutes Section 45a-624 and make an appointment in a separate written instrument of a Standby Guardian For Minor Children.  The written appointment would take effect upon the occurrence of specified contingencies and remain in effect until these contingencies have passed.  In the absence of such a written appointment, the probate court would make an appointment, but why allow a disinterested judge to do it when you, as parents, can clearly spell out who you want.

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