Montana Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children

State:
Multi-State
Control #:
US-01977BG
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

term guardianship takes effect the day that all required parties sign the document, and automatically expires six months after that date if no sooner date is given.

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.

When a person is or becomes incapacitated and unable to manage their person or their affairs, they will need a court to appoint someone as a guardian for their person and as a conservator to manage their finances.

Some alternatives to guardianship are: supported decision-making. health care proxy. durable power of attorney.

English and Tara Anne Pleat discuss the options and what to consider when planning for the future. Learn how a power of attorney, a revocable trust, medical orders, Social Security Administration's Designated Payee, and essential communication can help determine how property and assets are handled.

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

Some people use ?conservatorship? and ?guardianship? interchangeably, but, in Montana, they are distinct legal processes. A guardian is responsible for making personal and healthcare-related decisions on behalf of the disabled individual, while a conservator manages the individual's finances.

Health care guardian. Agent with health care durable power of attorney (AIF) Spouse or Registered Domestic Partner. Son or daughter (over age 18 - all must agree)

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Montana Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children