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Madison Clark

This article discusses how to get guardianship of a child without going to court.

A temporary guardianship form (officially known as Appointment of Short-Term Guardianship) can be used to authorize an informal guardianship without the need for court approval. These forms are designed to appoint a temporary guardian without the need for a court hearing. Your signature must be witnessed and notarized, which may be done quickly at your local bank.  

A short-term guardianship, healthcare power of attorney, and caregiver's authorization affidavit are legal instruments that grant another adult temporary guardianship of a minor child for a period of time determined by the parents.  

It's always a good idea to have a short-term guardianship form granting another competent adult permission to care for your minor child, whether they're being enrolled for school, being cared for by a relative while you're away, or staying with someone because of an emergency.  

Important Information Regarding School Enrollment  

If the child's short-term guardian is registering and enrolling the child in school, it's critical that your form has the legal language that the school normally requires. The school is more likely to reject your guardianship form if it does not include a caregiver's affidavit, a health care power of attorney, and a medical information disclosure.  

The following are some of the key provisions found in short-term guardianship forms:  

  • Under applicable law, this affidavit qualifies as a caregiver's authorization affidavit.  
  • Gives the short-term guardian a health-care power of attorney and the authority to authorize or deny medical treatment for the minor kid if the parent is gone and the youngster becomes ill or injured. The short-term guardian is also able to complete and handle the relevant insurance claims and papers.  
  • Allows the child's temporary guardian to make all educational decisions, sign all paperwork, and grant approval, including school enrollment, school activities, school trips, and school conferences.  
  • Gives the short-term guardian the authority to resolve all issues and sign any documents related to the child's custody and care.  
  • Includes a specific travel clause that allows the child or youngsters to accompany the short-term guardian on trips. You have the option of putting travel restrictions in place if necessary.  
  • The Health Insurance Portability and Accountability Act (HIPAA) is followed (HIPAA).  
  • The guardianship is set for a specified amount of time.  
  • Includes a separate revocation form for terminating your child's temporary custody

Form for Medical Information  

If your child has to see a doctor, dentist, or other health professional, practically all clinics will demand guardianship papers and a healthcare power of attorney form before they will treat your child. Our guardianship forms contain a medical information form and a healthcare power of attorney. The medical information form allows the parent to describe any medical issues that the child may have, list any drugs that the child is currently taking, and offer insurance and contact information for the parent.

Request a consultation with an attorney. Call our office at (630) 324-6666 or schedule a consultation with one of our experienced lawyers today. You can also fill out our confidential contact form and we will get back to you shortly.

To learn about guardianship law, click here.

Disclaimer: The information provided on this blog is intended for general informational purposes only and should not be construed as legal advice on any subject matter. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. Each individual's legal needs are unique, and these materials may not be applicable to your legal situation. Always seek the advice of a competent attorney with any questions you may have regarding a legal issue. Do not disregard professional legal advice or delay in seeking it because of something you have read on this blog.

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