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.

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