As a parent, the last thing you want to think is not being around for your children. Not being there to make decisions for them, and not being there to take care of them.
Unfortunately, accidents do happen and if the worst case were to happen to your family, there is little doubt that you would want to make sure someone you trust is around and able to care for your children! You need to start considering a temporary guardianship for your children.
Three Reasons You Need to Consider Temporary Guardianship
Incapacitation: If you become incapacitated and unable to care for your children, you want to have someone you trust to make decisions for them.
Substitution: If you need to be out of town and away for your children for any reason, you want to have someone there to care for your children.
Emergency: If there is an emergency that causes you unable to care for your children and there was no time to appoint a permanent guardian, then a temporary guardian will be appointed. This is also known as an emergency guardian. If you have not specifically set up a temporary guardian for your children, they could end up temporarily in the care of strangers, or family members that you would not want them with.
Role of a Temporary Guardian
In a temporary guardianship, the person named:
- Has legal custody of the child or children
- Has the right to make any medical decisions for the child or children
- Has the right to make any educational decisions for the child or children
- Has the right to make any financial decisions for the child or children
- Is legally responsible for the child or children
Length of Time a Temporary Guardianship Lasts
A temporary guardianship typically lasts up to 60 days. State statutes will set the time period if it is a court-ordered guardianship. The length can vary depending on each case.
If the temporary guardianship is set up in a document such as a living will or through a power of attorney, then it will last for the amount of time outlined in the document. The amount of time should be reasonable and realistic in case of any changes.
A temporary guardianship only lasts until its purpose is fulfilled. For example, if you appoint a temporary guardian for your children while you are on a business trip, then when you return, the temporary guardianship will end.
How to Arrange a Temporary Guardianship
There are a few ways to arrange a temporary guardianship for your children. Each one depends on the reason you need to set one up.
- Living Will or Power of Attorney: If you are setting up a temporary guardianship to become effective if you become incapacitated or deceased, you want to name the guardian in your living will or on your power of attorney form. This person will be the guardian of your children until you are no longer incapacitated or until a permanent guardian is named. You may also put a period for which you want a temporary guardianship in place.
- While you are out of town: If you need to set up temporary guardianship because you will be out of the state or country, you can name a guardian to care for your children in your absence. This can be done simply by writing a guardianship letter or filling out a guardianship form. In the letter you want to be sure to include the name of the guardian, the reason they are the guardian, the dates the temporary guardianship is in effect, and what decisions the guardian is allowed to make for your children.
Rember to chose someone you trust. This person will be making important decisions for your children when you cannot. Choosing a guardian is an important decision and you need to discuss the responsibilities with whomever you choose.