Simplified Solutions: Getting Temporary Guardianship Without Going to Court

To ensure the welfare and well-being of minors or incapacitated adults in times of need, you may need to designate a responsible individual to make important decisions on their behalf. Temporary guardianship and temporary custody are critical legal tools to accomplish this.

While you might think court involvement is the only way to establish temporary guardianship or custody, there are simpler alternatives available. The right legal document services can go a long way toward helping you care for a dependent loved one when they need it most.

What Is the Difference Between Temporary Custody and Temporary Guardianship?

Custody is a term that defines a parent’s or another legal guardian’s responsibility to make decisions on behalf of a child, while guardianship appoints another individual to take care of a child when a parent or an established legal guardian cannot. An adult guardianship, also called a conservatorship, is designed to help adults who are unable to make their own decisions due to physical or mental incapacity.

Court system proceedings can, and often do, establish custody and guardianships on a temporary basis for a wide variety of reasons. However, you can also establish temporary custody and temporary guardianship without going through the court. Temporary custody can take the form of a short written or even verbal agreement made by the parents of a child. While generally more formal, legally valid temporary guardianships are also possible outside the court system.

How Does Temporary Guardianship Work?

Parents and legal guardians might find themselves in any number of situations that make it temporarily impossible for them to shoulder their parental responsibilities. In these cases, it may become necessary for them to establish a temporary guardian. Short-term guardianship can give this temporary caregiver the authority to pursue medical care for the dependent and make decisions regarding that medical care and the insurance that covers it. Short-term guardianship can also allow a temporary caregiver to travel with a dependent and make decisions regarding the education of dependent.

Parents and caregivers can establish a short-term guardianship with any degree of formality. However, it should be noted that verbal agreements and other extremely informal forms of short-term guardianship offer few if any legal protections to parents, temporary caregivers or the dependents in question.

By beginning with solid planning and effective communication on behalf of legal guardians and all parties involved, you can work toward a temporary guardianship upon which everyone agrees and, most importantly, ensure the welfare and well-being of the minor or incapacitated adult in need of care. Although specific terms might vary widely from agreement to agreement, a temporary guardianship, by its very definition, will expire after a predetermined period of time.

Filing for Temporary Guardianship

By filling out the proper forms with the proper witnesses and notarization, you can establish a legally sound temporary guardianship agreement without going through the court system. For more information about these forms and their authentication, contact the document preparation experts at First Class Signing Service today.

Temporary Guardianship Frequently Asked Questions (FAQs)

1. In what situations would I need temporary guardianship?

   A parent or permanent legal guardian might seek temporary guardianship for a child or dependent adult for a variety of reasons. In most cases, parents are facing overwhelming life circumstances that include being too ill or injured to provide care, lacking the financial funds to provide care, or leaving the country for an extended period of time. Individuals escaping abusive relationships and/or recovering from trauma might also require a temporary guardian for a child or dependent adult.

2. Can I establish temporary guardianship without going to court?

   In most cases, you can establish a legally sound temporary guardianship outside of the court system. For many people, this makes the entire temporary guardianship process much faster and easier at a difficult time in their lives.

3. How long can a temporary guardianship last?

   The lengths of temporary guardianship can vary widely from state to state. Consider the legal regulations in the following states:

   • California – While longer terms are possible, the duration of the average temporary guardianship is six months.
   • Indiana – Temporary guardianships last 90 days, with possibilities for extension or renewal.
   • Nevada – This state has two temporary guardianship options. A formal (court-approved) temporary guardianship lasts 10 to 70 days, according to immediate need. An informal (non-court-approved) can also be established for up to six months.
   • Texas – Temporary guardianships last 60 days, with possibilities for extension or renewal.
   • Florida – Temporary guardianships last 90 days, with possibilities for extension or renewal.
   • Georgia – Temporary guardianships are generally regarded as permanent for legal purposes in Georgia. They can only be terminated by a court order that can be petitioned by either the parent/legal guardian or the temporary guardian.
   • Michigan – While longer terms are possible, the duration of the average temporary guardianship is six months.

4. What happens when a temporary guardianship expires?

   When the typical short-term guardianship agreement expires, guardianship returns to the parent or permanent legal guardian. Depending on the demands of the situation and the needs of the dependent, a new temporary guardianship may be needed. When your temporary guardianship goes through the court system, a judge will ultimately decide what happens when your agreement expires.

5. What are the legal implications of establishing temporary guardianship?

   In general, a temporary guardian’s rights resemble those of a parent or permanent guardian. However, a temporary guardianship doesn’t terminate parental rights. Temporary guardians are generally expected to provide a stable home environment and provide financially for the dependents under their care.

6. What steps do I need to take to establish temporary guardianship?

   Court processes can often be quite complex and time-consuming, but establishing temporary guardianship outside the court system can be as simple as drafting an agreement that all parties accept, then signing that agreement in the presence of a notary who will file the document.

7. What kind of agreement do I need for temporary guardianship?

   While a power of attorney is a common document for establishing temporary guardianship, you can also solidify one with a general temporary guardianship agreement.

8. Do I need a lawyer to establish temporary guardianship?

   In some situations, it is possible to establish temporary guardianship without the guidance of an attorney, but legal representation can help ensure that your agreement is drafted appropriately to avoid later disagreements.

9. Who can be a temporary guardian?

   Temporary guardians must generally be at least 18 years of age, have a clean criminal record, and have an income that can meet the financial obligations of guardianship. The most common temporary guardians are family members and close friends.

10. What happens if the person I want to appoint as a temporary guardian is not willing?

    Legal guardianships must be accepted willingly. If your chosen temporary guardian refuses the appointment, you must choose another suitable individual.

11. Can a temporary guardian make financial decisions on behalf of the child or adult?

    Any financial implications must be clearly stipulated within the terms of the temporary guardianship agreement or power of attorney. Although stewardship of financial affairs is relatively common in agreements involving incapacitated adults, it is quite rare in agreements involving minors. In fact, temporary guardians are typically responsible for meeting the immediate financial needs of the minors under their care.

12. What happens if there is a disagreement between the temporary guardian and the parent or legal guardian?

    Disputes among temporary and legal guardians are generally resolved in court. In most cases, a judge will attempt to resolve these disputes in the best interest of the child or adult dependent.

13. What are the risks involved in establishing a temporary guardianship without going to court?

    Temporary guardianship agreements outside of the court system can sometimes be difficult to legally enforce when disagreements arise. Furthermore, third-party organizations, such as schools and healthcare providers, may not recognize temporary guardianships outside of the court system.

14. How can I ensure that the temporary guardian acts in the best interests of the child or adult?

    Beyond working with an experienced lawyer, you should use the correct legal document and detail terms that meet your specific wants and needs. You should also take great care when choosing your temporary guardian.

15. How will a temporary guardianship affect my child’s education or healthcare?

    As previously mentioned, schools and healthcare providers may not recognize certain types of temporary guardianship agreements. In any event, you should take care to ensure that your chosen temporary guardian will adhere to your wishes in these areas.