Successor Guardian

A successor guardian can only be enacted in the event of the subsidized guardian’s death or incapacitation. If you want to terminate your guardianship for another reason, successor guardianship does not apply.

To determine if the subsidized guardianship can be transferred to a successor guardian the child welfare agency must determine that the following eligibility requirements are met:

• The prospective successor guardian was listed on the current Subsidized Guardianship Agreement prior to the death or incapacitation of the subsidized guardian.
  • This is why you are highly encouraged to identify a prospective successor guardian on your Subsidized Guardianship Agreement. Consult with the child welfare agency to identify a prospective successor guardian if no one is currently listed or you want to update who is listed.
• The child welfare agency confirms that if the child is 14 or older, that they have been consulted with regarding this arrangement.
• The child welfare agency determines the prospective successor guardian has a strong commitment to caring permanently for the child and the arrangement is in the child’s best interests.
• The child welfare agency completes background checks on the prospective successor guardian and the other residents in their home.
• The child welfare agency completes a home visit and safety assessment of the prospective successor guardian’s home.

If the prospective successor guardian is deemed eligible, the child welfare agency may enter into a new Subsidized Guardianship Agreement with the prospective successor guardian before the individual is appointed the successor guardian via court order.