New Jersey 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
378 downloads

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

-1. Complaint Every action for the determination of incapacity of a person and for the appointment of a guardian of that person or of the person's estate or both, other than an action with respect to a veteran under N.J.S.A. 3B:13-1 et seq., or with respect to a kinship legal guardianship under N.J.S.A.

As the guardian of this child, you will have the same rights as a parent, with a few exceptions. You will not be able to change the child's legal name, and you cannot consent for the child to be adopted by someone.

Under New Jersey law?unless otherwise ordered?a guardian of the person shall personally visit the incapacitated person not less than once every three months. The guardian must maintain sufficient contact with the protected person to know his capacities, limitations, needs, opportunities and physical and mental health.

A kinship legal guardian is a relative or close family friend who is appointed by the court to raise a child when the parents are unable to do so. Kinship legal guardianship (KLG) does not terminate the parents' rights. Parents can still seek visitation, and they are still financially responsible for the child.

A caregiver must have been caring for the child for at least a year before applying for KLG. If you are interested in becoming a kinship legal guardian to a child in your care, more information is available at the Kinship Navigator Program page of the Department of Children and Families website.

The initial guardianship request is filed with the county surrogate's office. A Superior Court judge then hears and decides on the case. If incapacitation is determined, the court-appointed guardian must qualify with the county surrogate. Potential guardians can file for a standard guardianship.

Appointment of a Temporary Guardian (Pendente lite) Whenever a complaint is filed in the Superior Court to declare a person incapacitated and appoint a guardian, the complaint may request the appointment of a temporary guardian of the person or estate, or both, pendente lite.

Obtaining Letters of Guardianship You cannot act as guardian until you qualify with the county surrogate. You must qualify within 30 days of the judgment. To qualify: Sign papers from the county surrogate, including an Acceptance of Guardianship.

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