![]() If not, the person needs to write a letter that states who is being appointed as the guardian and how long the guardianship should last. In most states, the person who wants to set up a temporary guardianship for a minor child needs to complete a temporary guardianship agreement form and have it notarized. The guardian would also temporarily be in charge of managing the child’s education, finances, and any other pertinent issues related to the child’s upbringing and well-being.Ī person who is a widow or widower or has sole custody of a minor child might want to establish a temporary legal guardianship in the event they will be temporarily unable to care for or make decisions concerning their child.ĭifferent states have different requirements for setting up a temporary guardianship for a child. ![]() In the event of a medical emergency, for example, they would need the legal authority to make medical decisions on behalf of the child. That person would need to become a legal guardian to have the legal authority to take care of the child’s day-to-day needs, especially their need for medical care. A court will sometimes appoint a legal guardian for a period of time to carry out a specific purpose, usually to allow a child to live with a person other than their parents for a limited period of time. What Is a Temporary Guardianship?Ī temporary guardianship is different from a testamentary guardianship mainly because it is likely to last for a shorter period of time. In most states, to be appointed as a guardian, a person must meet several important requirements, including not having a criminal record, being of sound health, and being financially able to carry out the legal responsibilities that go along with being the guardian of a minor or disabled person. If someone is appointed as a guardian in a will, they will still need to qualify under state law that applies to guardianships generally. However, just because a guardian is appointed in a will does not automatically mean they will invariably be appointed as the guardian. This needs to be clearly articulated in the will, and some people also list alternate guardians in case something happens to the first candidate to make them unavailable when the need for guardianship arises. ![]() However, all states require that the person making the will must also have been of sound mind and body when they made it if it is to have legal effect.Īs noted above, after the death of the mother, the probate court would look at her will to determine whom she wanted to be appointed as her child’s legal guardian. What constitutes a valid will depends on state law. Keep in mind that the will must be valid if a guardianship clause in it is to be enforced. If the mother created a will that specified who would be the child’s legal guardian, then that is the person whom the court would appoint to care for the child until the child reaches adulthood, usually at the age of 18. The child’s father may already have passed away as well. Or, the will may designate a legal guardian for a disabled adult for whom the parents cared while they were alive.įor example, the mother of a five-year-old child may die. The will can identify whom the court should appoint as the legal guardian of the minor child. The terms of the will go into effect in the event that one or both parents die. Testamentary guardianship is a guardianship created by parents in their will. Do I Need a Lawyer for Help With a Guardianship Issue?.How Are Testamentary and Temporary Guardianships Similar?.
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