Pennsylvania 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

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.

No! You need a Court Order to become the official guardian for a minor child. You will have to go to a hearing first. The Judge will have to decide if you will be a good guardian for the child(ren).

The court will appoint an emergency guardian if, after a hearing, it finds by clear and convincing evidence that (1) the respondent is incapacitated; (2) the respondent needs a guardian; and (3) failure to appoint a guardian will result in irreparable harm to the respondent's person or estate.

Guardianship provides these caregivers with the same legal rights and responsibilities as a parent would typically have for their child. This can help simplify everyday parenting tasks, like getting healthcare for the child and enrolling him or her in school and extracurricular activities.

Attorneys' fees for opening any guardianship can range from a minimum of $1,500 to an average of $3,500. Court costs, which include filing fees, service fees, and fees for letters of guardianship, can also quickly reach in excess of $1,000.

"Temporary guardian." A family member appointed by a court for a limited period as a guardian of the minor when the minor's custodial parent has entered a rehabilitation facility for treatment of drug or alcohol addiction or has been subject to emergency medical intervention due to abuse of drugs or alcohol.

A Pennsylvania court may appoint a guardian of the person and/or of the estate for an individual who lives in Pennsylvania and a guardian of the estate for a person who has property in Pennsylvania if it determines after a hearing that the individual is ?incapacitated? (previously referred to as ?incompetent?).

New Rules for Guardianships Under the new rules, petitions to appoint a guardian must include a Pennsylvania State Police criminal background check and, if the proposed guardian has resided outside Pennsylvania in the previous five years, a criminal record check of the statewide database.

Guardians undertake a wide variety of tasks, for which they deserve adequate compensation. One way to address guardianship fees is the document signed by the ward creating and authorizing the guardianship. If compensation has not been specified, the guardian must be careful in determining their fee.

A parent may select one of three triggering events: mental incapacity, physical debilitation with consent and/or death. Thus, a designated person or "standby guardian" may share care taking responsibilities as a co-guardian with a parent whose mental incapacity impairs his/her ability to care for a child.

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Pennsylvania Temporary Guardianship Agreement