Temporary Legal Guardianship

As a parent, ensuring your child's care and safety is always a top priority. But what happens if you are temporarily unable to fulfill your parental responsibility due to certain circumstances such as illness, military deployment, or immigration issues? In cases like this, temporary legal guardianship might be appropriate.

Temporary guardianship is an arrangement where another adult takes legal responsibility for a child for a short time.

This article explains temporary legal guardianship, including:

• When temporary guardianship is necessary
• Types of temporary guardianship arrangements
• How to establish a temporary guardianship

If you are thinking of choosing a temporary legal guardian for your child, consider reaching out to a family law attorney in your area. They can walk you through your state's requirements for temporary guardianship. They'll also help you file the correct documents and represent you in court if needed.

What is Temporary Legal Guardianship?

Temporary legal guardianship is an arrangement that gives another person the temporary authority to care for a minor child or family member.

Compared to permanent legal guardianship, temporary legal guardianship only lasts for a certain period of time. The arrangement can terminate after the triggering circumstance ends. The parents also retain their parental rights for a certain period.

Because of its limited duration, it is an ideal solution for when the parent's inability to care for the child is expected to be short-term.

State laws vary in the terms and procedures used to establish temporary guardianship. For instance, in Minnesota, this arrangement is a "Delegation of Parental Authority." On the other hand, New York calls it "Appointing a Standby Guardian for a Child."

Despite the varying terminology, the purpose remains consistent: to ensure continuous care for children during the parent's absence or incapacity.

When is Temporary Legal Guardianship Necessary?

A temporary legal guardian might be necessary in a variety of situations. The following are common examples of situations where you might consider temporary guardianship:

Extended Travel or Work Assignment

It's not always feasible to bring children on the road or abroad. If you need to travel for an extended period or accept a temporary work assignment overseas, you can establish temporary guardianship during your absence.

Medical Treatment or Temporary Disability

Parents facing serious medical conditions requiring extended hospitalization can also arrange temporary guardianship. They can also make this arrangement if their medical condition requires intensive treatment or they are temporarily disabled. This ensures that their children receive proper care while they are recovering.

Military Deployment

Active-duty military personnel facing deployment can also establish temporary guardianship arrangements. They can arrange for a legal guardian to watch and care for their children while they are serving their military duty.

Immigration Proceedings

Families facing potential deportation or separation may wish to establish temporary guardianship if they want their children to remain in the United States. The temporary guardian can provide stability while the case is pending. However, if the parent is deported, the temporary guardian (or another eligible person) would have to become a full legal guardian.

Administrative Separation

If a parent is arrested, incarcerated, or detained, the parent, the court, or the state agency can also establish a temporary guardian.

Other states provide a different list of qualifying events. Always check your state laws for detailed information.

Types of Temporary Guardianship Arrangements

Temporary guardianship can be established voluntarily or by court order.

Voluntary Temporary Guardianship

Here, the parent or current legal guardian authorizes someone else to temporarily care for their child or relative. As discussed above, the temporary guardianship agreement often happens when the parent or legal guardian:

• Travels internationally for an extended period
• Require hospitalization or intensive medical treatment
• Faces military deployment
• Enters rehabilitation center

You can designate a temporary guardian ahead of time. The guardian is then ready to step in if a triggering event occurs.

Court Ordered Temporary Guardianship

A judge might assign a temporary guardian in situations involving:

• Immediate concerns about the person's safety or wellbeing
• Presence of potential abuse or neglect
• Parental unavailability or incapacity
• Emergency medical concerns

What Is the Difference Between Temporary and Permanent Guardianship?

Compared to permanent guardianship, temporary guardianship terminates after a certain period of time. It often has a specific end that the parties or the court establish at its creation. Or, in some cases, it could last until the court makes a permanent custody arrangement.

Permanent guardianship continues indefinitely or until the minor child reaches the age of majority.

The legal process for establishing these two types of guardianship also differs. Temporary guardianship often involves simpler court procedures. Some states even allow the parties to establish this legal arrangement without a court hearing.

Meanwhile, permanent guardianship requires a more thorough evaluation. The court looks into the child's circumstances and suitability for long-term care. In addition, temporary guardianship keeps parental rights intact. Meanwhile, permanent guardianship could significantly restrict parental authority.

How to Establish Temporary Guardianship

Establishing temporary guardianship varies by state and the type of guardianship arrangement. But it will generally involve the following steps:

• Gather the required documentation. Your state likely has a guardianship form you can use to get started. The form allows the parent to specify whether they want the temporary guardian to act as the guardian of the child’s person, property, or both.
• Name one or multiple potential guardians. Some states, such as New York, allow the parent to indicate one or multiple persons who can act as temporary guardians. They are often listed in the order of preference. If the person named cannot act as a guardian when the triggering event happens, the next person on the list can assume the responsibility.
• Indicate the triggering events. The form should indicate the triggering events that will activate the temporary guardianship arrangement.
• Secure proper witnesses to sign the guardianship form. However, remember to follow your state agency's guidelines when establishing guardianship. For instance, if you live in Minnesota, you must sign the Delegation of Parental Authority (DOPA) in the presence of a notary public.
• Submit the form to the appropriate agency or the court. Submit the form to either the Surrogate Court or Family Court, depending on the requirements set by your state. You also have to pay for any required filing fees.

In some jurisdictions, you can do all of this without a court hearing. If one is required, you may need to make a statement on why this arrangement is in the best interest of the child. The judge may also interview the proposed temporary guardian.

Can I Set Up Temporary Guardianship Without Going to Court?

In some states, a judge must approve the appointment of a standby guardian. This approval should happen before the triggering event occurs for the appointment to be valid. In others, you may just have to file your temporary guardianship paperwork with the local courts.

Other states do not require court involvement. For instance, in Minnesota, the DOPA generally does not need court approval. It becomes effective as soon as the parties sign the form and have it notarized.

Your state’s guardianship forms will outline what is needed in your jurisdiction.

Guardianship for Minors vs Adults

Guardianship arrangements also differ depending on whether they are established for a minor child or an adult.

Guardianship of a Minor

Guardianship of a child is the legal process wherein an adult assumes responsibility for the child’s care and upbringing. This often applies to children under 18 years of age and provides the guardian of a minor with authority to make decisions related to:

• School enrollment
• Medical care and healthcare services
• Manage the child’s activities
• Other necessary decisions for the child’s needs

An important characteristic of a minor guardianship is the time limitation. Compared to adult guardianship, minor guardianship ends once the child reaches 18 years of age.

Guardianship of an Adult

The guardianship of an adult applies in cases when an individual cannot make decisions on their own. Their incapacity often stems from certain conditions, such as:

• Age-related cognitive decline
• Mental health challenges that require special care
• Cognitive conditions
• Severe physical disabilities

For instance, if a parent develops dementia. Their adult child can pursue guardianship to ensure the parent receives proper care.

In adult guardianship, courts recognize that individuals may require different levels of support. Thus, there are various options available:

• Full guardianship: Grants the guardian a comprehensive decision making authority. The guardian can make choices about the adult’s personal care and and financial affairs.

• Limited guardianship: The court authorizes the guardian to make decisions only on certain matters, such as medical decisions or legal matters. It retains the ward's autonomy in other aspects.

• Split guardianship: This arrangement divides the responsibility among various guardians. For instance, one family member with financial expertise manages the finances. Meanwhile, they can entrust a family member with a medical background with healthcare decisions.

Seek Legal Advice for Temporary Guardianship

Consulting with an experienced family law attorney is recommended if you are considering temporary guardianship arrangements. The legal requirements and procedures may vary in every state. So, having the proper knowledge and documentation to protect your child's best interest is crucial. A family law attorney can guide you through the process.

If your case involves immigration-related matters, an immigration attorney can help you. They can assist with guardianship arrangements for families dealing with potential deportation or administrative separation.

You do not have to navigate these legal matters alone. Reach out to an attorney today.