Missouri Temporary Guardianship Agreement

State:
Multi-State
Control #:
US-01975BG
Format:
Word
Instant download

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

The person who wants to be a guardian or conservator must apply to the Probate Court to attain that position. The Probate Judge must then appoint an attorney to represent the person over whom guardianship or conservatorship is being sought.

Conservatorship is similar to guardianship, but differs in that it deals only with the financial affairs of an individual. A conservator is appointed by the court after it is found that a person does not have the capacity to manage his finances, such as balancing his checkbook.

A power of attorney and a guardianship are tools that help someone act in your stead if you become incapacitated. With a power of attorney, you choose who you want to act for you. In a guardianship proceeding, the court chooses who will act as guardian.

Durable powers of attorney are generally recognized as least restrictive alternatives to the appointment of a guardian of the property.

Alternatives to full guardianship include general supports (family, friends, and community resources), legal documents (such as Power of Attorney or a Living Will), advocacy organizations, and so forth. These alternatives allow individuals to hold on to some or all of their decision making rights.

Short-Term Guardianship You only need a guardianship for a minor child for 6 months or less; AND. The parents will sign and notarize a short-term guardianship agreement. Only one parent's signature is needed if the other parent is deceased, unknown, has no legal rights, or has had their parental rights terminated; AND.

The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.

In order to be appointed as a Guardian and/or Conservator the process is started by filing a Petition with the Probate Court for the County in which minor or incapacitated/disabled adult is domiciled, or in the case of an emergency, filing a Petition with the Probate Court for the County in which the minor or ...

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Missouri Temporary Guardianship Agreement