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.
Temporary Guardianship Options in California
Power of Attorney for a Minor Child
A power of attorney for a minor child is one of several options for temporary guardianship in California. More specifically, this option grants a responsible adult the legal right to make decisions on a child’s behalf when their parent is unable to do so.
Additionally, this adult will have physical custody over the child. Therefore, they can decide where the child attends school and receives medical care. However, note that either parent may cancel a power of attorney at any time. Also, parents must sign and notarize the form for legal validity. Contact A People’s Choice for more information about the required legal documents.
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!
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I’m a grandmother of 3 my daughter has lost her place so I told her I would take care of the grandkids until she gets back on her feet. I need to be able to take them to the doctor’s and sign them up for school. Do I need a court order or can we just write it down and agree
Hello, If your daughter will not be there to sign off on schooling and doctor visits, it is possible that may run in to trouble. It may behoove you to check with all of the places where an issue could occur and see what they say. If in fact you do end up needing to obtain guardianship please call us at 800-747-2780 and we’d be happy to assist.
My cousin is 16 years old American citizen currently living in Cuba with his mom. His father deceased 6 months ago in California. My cousin no longer want to stay in Cuba, mom has agreed to let him stay with me. Not sure what kind of documents mom need to sign in Cuba so I can take care of him. I would need to be able to enroll him in school, helping file for survivors benefits and medical assistance. Can you please advise?
Hello, You should speak with an immigration attorney. Thanks,
Okay I have a question, so my half sister went to got live with her aunt on her dad side for a while and my mom was ready for her to come back but her aunt is making up stories to the police and the child people (dsf I think) and now she has temporary guardianship. What can my mom do to get my sister back. My mom was struggling but she was on her feet enough to take care of her kids.
You should speak to an attorney in regards to this matter.
My mother has guardianship of her great great newphews, she has had them since they were born, they are 16 , 15. I would like to keep them in the same school and home. After school is over this year, let them decide for there self where they want to go or stay. The parents are ok with this as they don,t have places big enough for them right now. Can I use the paper at there school and have it notize for now. In case something happen.
Hello Janie, I would obtain legal advice regarding any legal questions you have, but our office can prepare the paperwork you require. Please call 800-747-2780 and a member of staff can get you set up.
I live in California and may be taking in a child for an undetermined amount of time. The mother is divorced has sole custody. This situation may evolve very quickly as the mom is leaving the country to seek medical treatment. What option is best for us. How is she covered for medical insurance?
Hello Tracy, I would seek legal advice regarding your situation. Should you require paperwork prepared, please call the office on 800-747-2780 for a price quote.
I want too sign over temporary guardianship too my parents of my new born child me and the mother both give consent too this, how can we do so?
Hello Mitchell, we can prepare either a Guardian POA or the court ordered paperwork, which is a very different process. Please call the office on 800-747-2780 and we can figure out exactly what it is you are needing done.
Hi, I am trying to see the best way to go about bringing my little brother back from another country. He is living with our mom right now but she isn’t able to come back because she isn’t a U.S. citizen and he is. Would I be able to assume guardianship or do I go the power of attorney route? Also is there financial help available?
You could probably file a guardianship once he is in California.
Hi I have a question my neighbor wants me to take guardianship of her baby which I am all willing to do but I wanted to know if that’s possible with not being related. If we get something notarized stating she has given me guardianship.
I would assume you would need to file for a court guardianship. We have some information regarding this process on our website.
How do I know if my guardianship is temporary or not.
Check your court order. An Order of temporary guardianship is usually interim pending the final Order.
Hi my aunt owns the custody of her granddaughter, but I’m not sure if it is a temporary type. She just signed and grant temporary guardianship to her granddaughter’s godmother. Her godmother stops them from seeing each other and told her she has lost the right of her custody. Is that right?
Unfortunately we cannot comment regarding what is “right.” We are just a legal document preparation service.
Hello my grandson is 4 and living a few hours away with other grandparent who does not have legal guardianship my daughter abuses drugs and wants me to get gaurduanship. I want to do this legally before my grandson gets here I’m just concerned my daughter will change her mind and keep him and with her addiction it will not be a good idea her having him until she recieved the help she needs
We can certainly help you prepare guardianship paperwork. There are two options that you have. It may be better for you to just call our office to go over your situation.
My husband and I adopted our daughter from foster care when she was 6. She is now 16 and has been in contact with her biological mother. Bio mom seems to have turned her life around and is doing very well for herself now. My daughter would like to go live with her. She lives about an hour from us. We want to keep in contact with our daughter, and if things go badly have her be able to return to us without a bunch of legal hoops. Is any of this even possible?
You may want to have the biological mother sign a temporary power of attorney regarding guardianship. We can help prepare that.
Hello Sandy, I was wondering if a child’s legal Guardian (parent) was incarcerated and wish to sign temporary custody over to minors sibling by writing and signing a letter would it be suffice enough in the state of California or is it required to be notarized.
There is required language and form that should be utilized. Give us a call to prepare at 800-746-2780.
hi i have a 13 year old son he grew up seeing my mother as his mom i moved out my mom’s house and he doesn’t wants to move in with me the problem is he doesn’t wants to go to school i have 3 little girls and I don’t want this to affect them what can I do. should I go to court and explain the case so they can give her full custody ?? he is not staying with me rightnow he is at her house.
Your situation is not clear. Does you mom have a formal legal guardianship
order on your our son? If not and she is going to be his caregiver/guardian, she may want to file for legal guardianship. If there is a biological father in the picture, that may also pose another problem if he does not agree with the guardianship. Your mother may want to seek legal advice with regards to obtaining a legal guardianship of your son. If she simply requires help with the paperwork, we can help her.
My son was given full custody of toddler twins. There was no court battle, the judge deemed the mother unfit and is to only see the children in a supervised setting. My son really needs help. He has no verifiable income and is living on hopes and dreams. May i gain a partnership care provider guardianship and have the ability to use my proof of income (as he has no verifiable income) to apply for subsidized childcare, medi-cal benefits and/or food stamps.
I would research this option with the state agencies you are dealing with. My gut feeling is that it probably will not work. However, not sure why your son would not qualify for these state benefits..
I’m a mom of 3 children who were taken for both my husband and myself. My mother has guardianship and is being very difficult. She want permanent guardianship of my kids. What to do to keep that from happening?
If your mother has filed for guardianship through the courts you could always file an objection. however you indicated that your children were removed from your custody so there might be justification for the guardianship being awarded to your mother. You can also ask for a visitation order. You should contact an attorney if you need legal advice. If you need help with the paperwork please give our office a call.
Hi, I am a non relative of a minor interested in learning how one judge can give me temporary guardianship of a child while another denies legal guardianship of the same child who has resided with me for a year and has made a complete turn around for the better. In the last year my child had only had 2 visits with her mother who moved out of town and left my now 16 year old daughter living with friends and was running wild with no supervision and no concern or financial assistance from the parents. Before living with me she lived with her paternal grandmother but ran away after a couple of months from there weren’t to stay with friends where she was allowed to come and go as she pleased dated men old enough to be her father or grandfather. Since living with me she has completed all her programs with high regards that were required of her from probation. Is no longer coming and going or dating grown ups. She has developed a since of belonging to a family and not an outsider. The juvenile judge has given me temporary guardianship but the superior court accused me of letting her run wild and free staying she’d be better off being left alone then with me. I don’t understand where he got his information and when I tried to speak to inquire of the accusations he quickly shut me down and stated the juvenile court has jurisdiction over the case but he would not give me guardianship. It was extremely harsh and very unexpected. What can I do
I would suggest you talk to an attorney. You talk about two different cases pertaining to the same child. I am not clear on what each case was about or why you had two different cases and judges.
Hi, Sandy I was reading about temporary guardianship and wanted to know how one parent who is in good condition doing well but lives in another state can give a grandmother temp guardianship without the father (other parent) having any rights. A father whose rights has been taken completely away from him because he missed one day in court. Also, if full custody was granted to the mom based on a false report that was submitted to the judge by the grandmother of the mother, how can the rights of the father be relinquished period? What rights do this father have? He loves his daughter and he has not been able to see her for 2 years. Back, in 2014 the mom allowed the little girl to visit the Dad, and he had her for a long time. However, the mom was not really concerned until her mother stepped in so the mother of the little girl took the little girl from the father unknowingly. She then sent the little girl to California to be with the grandmother. By this time the father is upset and frustrated about what occurred, so with the help of the little girl’s uncle the father came to California and got her back unknowingly. So then the grandmother took the situation to court in ATL where the mother of the little girl lived and the mother was granted full custody. Now, here’s the kicker part the mother sent the little girl to CA, but the judge granted the father visitation rights in ATL. Now, the little girl has been in CA every since with no visitation rights granted to the father who lives in NJ. He is devastated by all of it, and wants to know who can help him. He does not have a good relationship with the grandmother at all.
An attorney would need to meticulously review all of the court papers in this case and see what orders were issued and why in order to give you legal advice on this matter. The legal system can be complex and some courts may not know what another court is doing. The father should definitely contact an attorney to first sort through this and get some direction as to what his options may be. Once he has a plan of attack, we may be able to assist with any necessary legal document preparation.