A recent act signed into law in Massachusetts provides parents with the option of appointing standby guardians for minor children in the event of the parent’s incapacity.

A standby guardian or proxy is a person designated by a parent and approved by the court to serve as a child’s guardian in the event of the parent’s incapacity.The proxy would go into effect upon the parent’s written consent, a physician's statement that the parent is incapable of parental duties or upon the parent’s death. The proxy ceases when the parent is able to resume parental responsibilities. If the proxy serves for 90 consecutive days, another court hearing would be held.

The law also provides for appointment of an emergency proxy when a parent unexpectedly becomes seriously ill or when death is imminent. An emergency proxy is appointed in writing by a parent before two witnesses. No initial court approval is required; however, if the emergency proxy serves for more than 60 days, a court hearing must be held.