Minnesota Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children

State:
Multi-State
Control #:
US-01977BG
Format:
Word
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Description

A temporary guardianship involves a document in which a parent grants temporary custody of his or child to another person or institution. Temporary guardianship occurs when an adult takes legal responsibility for a minor child who is not his or her own. In order for guardianship to be considered temporary, the adult must be legally responsible for the child for less than six months in some states. Temporary guardianship may be established without going to court. A child's parent may sign an agreement naming another adult as his or her child's temporary guardian. For example, a parent who is going on active duty in the military, or who will be stationed for a short period of time overseas, may choose to sign an agreement naming a grandparent, relative, or family friend temporary guardian of his or her child. Because a temporary guardian isn't permanently responsible for the child in his or her care and was not ordered by a court to be a guardian, doctors may refuse to treat the child and schools may refuse to admit the child to classes without a parent's consent. For this reason, some states have enacted a law that allows schools and medical providers to accept a Caregiver's Authorization Affidavit from a temporary guardian. This allows the temporary guardian to take full responsibility for a child.

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FAQ

Any person under 30 years old determined to need a guardianship, must have a time limited guardianship. This can last for 72 months (6 years) at most.

Except as otherwise ordered by the court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship may not exceed six months.

M.S. 524.5-204(c) identifies the duration of any appointment of an emergency guardian for a minor child, by providing in part as follows: The duration of the guardian's authority may not exceed 30 days and the guardian may exercise only the powers specified in the order.

Minnesota Statutes, Chapter 257B ? Temporary Delegation of Minnesota Parental Rights. A parent, legal custodian, or guardian of a minor child may also temporarily delegate: any powers regarding the care, custody, or property of a minor child or ward, except the power to consent to marriage or adoption of a minor ward.

A guardian is appointed to perform duties related to personal care, custody, and control. The guardian has the authority to make decisions such as where the ward will live and what medical treatment they will receive.

524.5-311 EMERGENCY GUARDIAN. A county that is acting under section 626.557, subdivision 10, by petitioning for appointment of an emergency guardian on behalf of a vulnerable adult may be granted authority to act for a period not to exceed 90 days.

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Minnesota Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children