Pennsylvania 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
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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.

Pennsylvania law provides that when clear and convincing evidence demonstrates that the alleged incapacitated person appears to lack capacity, is in need of a guardian, and a failure to make such appointment will result in irreparable harm to the person or estate of the alleged incapacitated person, then an emergency ...

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.

You will be acting as if you are the child(ren)'s parent. This means that you will be responsible for their education, medical care, and general well-being. You will have to pay the cost for caring for them, but you can apply for benefits (such as Social Security or welfare) which might help.

A guardianship is typically a temporary arrangement that establishes legal custody for the child's current caregiver. Unlike in adoption, parental rights are not terminated in guardianship; a parent can file a petition to terminate the guardianship and regain legal custody of their child at any time.

Ann. § 5513. 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. Id.

"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.

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