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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

HIPAA authorization is consent obtained from a patient or health plan member that permits a covered entity or business associate to use or disclose PHI to an individual/entity for a purpose that would otherwise not be permitted by the HIPAA Privacy Rule.

No, a HIPAA Authorization does not need to be notarized. In fact, you don't even need a witness to see you sign the form.

Since the 1990s, California law has afforded minors the right to consent to certain types of medical care, such as the diagnosis and treatment of sexually transmitted diseases, without the consent of their parent or guardian.

The grandparents' medical consent form allows a parent or legal guardian to hand over all responsibility regarding their child's health care decisions to one of the child's grandparents.

The core elements of a valid authorization include: A meaningful description of the information to be disclosed. The name of the individual or the name of the person authorized to make the requested disclosure. The name or other identification of the recipient of the information.

MINOR MUST BE EMANCIPATED (GENERALLY 14 YEARS OF AGE OR OLDER) LAW/DETAILS MAY/MUST THE HEALTH CARE PROVIDER INFORM A PARENT ABOUT THIS CARE OR DISCLOSE RELATED MEDICAL INFORMATION TO THEM? An emancipated minor may consent to medical, dental and psychiatric care.

A care provider may perform a routine test or treatment on a minor who is over the age of 14 without parental consent and without accompaniment, on condition that the minor him/herself gives informed consent for the medical procedure.

Q: Do I need to notarize the signed form? A: No. The HIPAA Privacy Rule does not require you to notarize authorization forms or have a witness. Though taking the time to fill out an authorization form and get a patient's signature is an extra step, it's an important one that you can't afford to overlook.

The main difference between custody and guardianship is the child's parents - custody is provided to the child's biological parents while guardianship is given to a non-biological parent.

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