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.
Virginia Temporary Guardianship Agreement with Detailed Authorization Regarding the Acquiring of Medical Care for Minor Children
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FAQ
In the state of Virginia, the temporary guardian will allow the child to live with him/ her until the temporary period is over. Within this period, the temporary guardian will be allowed to take important decisions on behalf of the original guardian such as medical decisions, school decisions, etc.
A guardian is responsible for making decisions regarding the incapacitated person's support, care, health, safety, ability to dress themselves, education, therapeutic treatment, and if not in keeping with an order of commitment, the place where they live.
While it is possible to represent yourself in court when seeking appointment as a child's legal guardian, working with a family law attorney can ensure that you don't miss any important steps in the legal process.
Obtaining the Legal Authority to Act as a Guardian of the Person of a Minor. Due to the serious and sensitive nature of Guardianship appointment, the Guardian Appointment must be made by a Judge of the Circuit Court in the appropriate jurisdiction, which is the county in which the Minor currently resides.
Pursuant to § 64.2-2012 of the Code of Virginia, all guardianship orders are subject to petition for restoration of the incapacitated person to capacity; modification of the type of appointment or areas of protection, management, or assistance granted; or termination of the guardianship.
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.
The Virginia legal system utilizes three different kinds of guardianships to foster the care of minors: guardianship of the person, guardianship of the estate, and guardian ad litem. Depending on the circumstances, the guardian can be a person with whom the child is familiar, but that is not always a requirement.