Single parents and parents with serious health conditions sometimes must consider temporary or long-term guardianship options for their children. Under legal guardianship, a parent formally relinquishes care and control of a minor child to another person. For parents considering temporary guardianship in California, we’ve provided a brief outline of your options below.
Caregiver’s Authorization Affidavit
A caregiver’s authorization affidavit is a temporary guardianship option best used for relatives caring for a minor. This form provides the caregiver the ability to enroll the minor in school and make medical decisions on their behalf. However, if the caregiver is not a relative of the child, they can only make medical decisions related to school. For example, they can approve immunizations or physical exams the school requires for enrollment.
Similar to a power of attorney for a minor child, the caregiver’s authorization affidavit is not an official court order. Thus, a parent can cancel this form at any time. Contact us for help properly preparing this affidavit.
Typically, a parent uses joint guardianship when they have a serious medical condition and need a responsible adult to look after their child. In fact, this is an important legal option for terminally ill parents seeking to make future custody plans for their children. Unfortunately, this process is only available in California and Connecticut.
A joint guardianship allows a parent to retain their rights while sharing parental authority with a caregiver. That caregiver is authorized to make the following decisions on a child’s behalf:
- Where the child resides
- What medical treatment the child receives
- Which school the child attends
- Whether the child may enlist in the military or get a driver’s license
Ultimately, this caregiver will become the child’s sole legal guardian in the event the parent passes away. Note that the court requires parents to complete and file certain forms with the court to set up a joint guardianship. A People’s Choice can help with this step.
Finally, a caregiver can execute a private agreement with a parent to care for a child. This written agreement should mention that the caregiver will have custody of the child with the parent’s consent. However, note that either parent can revoke this type of agreement at any time. Unfortunately, some agencies may not acknowledge the legality of private agreements.
If you are considering temporary guardianship options for your child, contact A People’s Choice for more information. We have over 40 years’ experience assisting our clients with family law documents. Plus, we provide low-cost, attorney-free professional services for temporary guardianship in California. Call us today at 800-747-2780!