Rhode Island 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
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

A temporary appointment can last 90 days. A permanent appointment may last until the death of the ward or the guardian, until the ward is able to establish that she is competent, or until the guardian resigns or is removed by the Probate Court.

In Rhode Island, city and town Probate Courts oversee the guardianship process and issue guardianship orders. The process of obtaining guardianship and the requirements for granting guardianship are established by state law. After a court appointment, the guardian becomes a substitute decision-maker for the ward.

As noted above, Rhode Island has a limited guardianship law, which generally focuses on four areas of decision-making capacity: finances, health care, relationships, and residence. Guardianship can be tailored to take into account a ward's ability to make decisions in some but not all of these four areas.

A Rhode Island small estate affidavit is a form that can be used to speed the distribution of assets in certain estates. Any estate that is valued at less than $15,000 is considered a small estate. This helps avoid the long and costly process of traditional probate.

Rhode Island does not have a formal subsidized guardianship program, although subsidies may be offered on a case-by-case basis to non-relative caregivers.

A legal guardian cannot pass along their own inheritance to the child in their custody unless a special provision is made in their will. Adoption, on the other hand, is a process that legally terminates the rights of a child's legal or biological parents as they are placed into the custody of new adoptive parents.

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