A temporary guardianship is an agreement between a parent and an individual or an organization. It involves taking care of a child for a certain period of time. Usually, the agreement is between a parent, who’s out of town for an extended period of time, and a temporary guardian.
A legal proceeding is required for this agreement to become official. Before we know the specific procedures for accomplishing this, let’s see how it happenshappens.
Temporary Guardianship Meaning
A temporary guardianship is an arrangement wherein the parent or a legal guardian of a child transfers temporary custody of their child to another adult or entity who then looks after the welfare of the minor. Facts and circumstances of every case determine eligibility, as there are certain things that can disqualify any requests for this arrangement.
Granting minors temporary guardianship is a new law that can be beneficial for many children since it allows them to live with someone outside their family. The child will remain under the care of the guardian even if the parents have been absent for a long time.
Before filling out the temporary guardianship form, you should determine whether there is a need for temporary guardianship. The document to be filed with the court states what rules will be implemented in your loved one’s life during the other parent’s absence. It specifies how the business will be conducted and how much supervision will be provided as well. Basically, it depends on various factors, such as your loved one’s health and financial condition.
Who needs a Temporary Guardianship Form?
A temporary guardianship is a legal form that has to be filled by the person who is going to be appointed as the guardian and a person who is willing to be the guardian. Certain requirements should be met by both parties, and these requirements can be filled in the form for temporary guardianship.
Temporary guardianship has been developed in order to fulfill some of the requirements that can be complied with only temporarily. It is created for the time being and will not be valid for a prolonged period of time. It will expire after the time period indicated in the contract.
It is created for any type of personal care required, such as health, financial and legal responsibilities. This means that if there is a change in the circumstances, it can be revoked. The duties and powers of the temporary guardian cannot exceed the specified amount regulated under this period of temporary guardianship.
You can create a temporary guardianship form for some problems like:
- Emergency Situations
Who Can Be Appointed as Guardian?
Must be an adult.
Not disabled or restricted
Who Cannot Be a Guardian?
- Restricted People
- Banned from public service and living dishonorable lives
- Those whose interests will conflict with the person to whom a guardian will be appointed or who have hostility between them.
- The judges of the relevant guardianship offices cannot be guardians.
- There must be someone who can devote time to guardianship.
In addition, unless legitimate reasons prevent him, he will be able to appoint one of his spouses or close relatives to the task.
The Difference Between Custody & Guardianship
Guardian, custody, and guardianship are different concepts even though they are similar to each other in essence.
What is Custody?
Custody Having all the legal rights to protect and raise a child and to represent the child is called “custody.” “It is a common concept in divorces. Because if there is a child in divorce, the family court can accept a custody case about who will stay.
What is Guardianship?
Guardianship, in other words, is to be a guardian. Being a guardian is the person who legally represents the protection of the rights of underage children and those whose legal rights are restricted. Guardian, custody, and guardianship are different concepts even though they are similar to each other in essence.
The functions of temporary guardianship are often confused with temporary custody. This is because both of them give the right to a different adult to take care of the child, including but not limited to making decisions involving the child on behalf of the parent. The difference between the two is in their time. There is also a difference when it comes to finality.
Does a temporary guardianship need to be notarized?
If you decide to provide short-term care of your child to another party, using a legal temporary guardianship form is a good idea. As part of the process, you will submit your documents, as well as have them notarized by a legal professional.
How long does the guardianship process generally take?
A guardian’s or care provider’s temporary guardianship has a specific time limit. Courts may also agree to extend the time limit if circumstances require it. It is imperative to know the law for your state and what risks you could face if you act too soon or too late in filing for temporary guardianship.
It is impossible to appoint a guardian for minors and the disabled without a court decision. Guardianship cases are mostly seen in periods ranging from 120 days to 330 days.
Depending on your local state laws, you will need to know the specific procedures that your state requires you to follow. Your local state might have specific forms that you are required to fill out. In other cases, you might be needed to provide writing stating the person you are selecting as your child’s temporary guardian and the period and notarize it.