Maine Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children - Including Consent of Temporary Guardians

State:
Multi-State
Control #:
US-01978BG
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

Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child. Guardianship does not always grant custody or definitively mean a biological parent's custody is revoked.

Limited time and powers. The duration of authority of an emergency guardian for an adult may not exceed 60 days and the emergency guardian may exercise only the powers specified in the order.

Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended.

A loss of autonomy for the ward: This is the most significant drawback to establishing legal guardianship over an adult. Because the guardian is responsible for making decisions on behalf of the ward, the ward may not have any say or may feel they have lost control of their own lives.

A parent may bring a petition to terminate the guardianship of a minor. A parent's notification to the court of the revocation of prior consent for a guardianship must be considered a petition to terminate the guardianship.

Under Maine law, the legal guardian of a minor ?has the duties and responsibilities of a parent regarding the minor's support, care, education, health, and welfare.? The child's parents remain their child's legal parents?their rights are not terminated but are mostly suspended.

A permanency guardian has all of the powers and duties of a guardian of a minor pursuant to Title 18?C, sections 5?207 and 5?208. A permanency guardianship terminates upon the minor's death, adoption or attainment of majority or as ordered by the court pursuant to this section.

Are there different types of Guardianship? Yes, in Maine there are two types: full or limited Guardianship. The type of Guardianship that the court will choose is based on the request for Guardianship, your mental state and your specific needs.

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Maine Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children - Including Consent of Temporary Guardians