Temporary Guardianship

Trusted Temporary Guardianship Lawyer In Newport Beach, CA

At times, there arises a need for the swift appointment of a guardian. However, there are many nuances of temporary guardianship of minors in California and the process can be complex. When the rights of parents are transferred to someone other than the child’s biological parent, it is deemed a guardianship of minors. Typically, this process is intricate and time-consuming, rendering it unsuitable for urgent circumstances. However, in situations requiring immediate action, one may initiate proceedings for temporary guardianship, wherein guardianship is established for a specific duration. If you find yourself in this situation, contact Finn Legal Group at (949) 237-2030 to speak with our experienced Newport Beach temporary guardianship lawyer.

Understanding Temporary Guardianship In California

When granted temporary guardianship of a child in California, you assume all the legal rights and responsibilities of a parent. The biological parents’ rights are suspended during the guardianship order, meaning they cannot make decisions for the child. It’s important to note that temporary guardianship does not permanently terminate parental rights; it only suspends them for the duration of the order. As the child’s guardian, you have complete legal and physical custody, giving you the authority to make decisions regarding:

• You have the authority to determine the school your child attends and access to all their school records.
• You have the power to decide where your child resides, although you cannot relocate them outside of California without court permission.
• You are responsible for meeting your child’s medical needs and generally have the authority to give consent for their medical treatment. However, if the child is 14 or older, you can only consent to their surgery if they agree or if there is a court order, except in emergencies.

In addition to your primary obligations, you will also have other responsibilities as a guardian. These may include providing financial support for the child and assuming responsibility for addressing any misconduct on their part. Depending on the specific circumstances of your case, the court might require you to attend counseling or parenting classes or arrange for specific services for the child. While each case is unique, your attorney can guide you through the necessary steps in your situation.

Temporary Guardianship Scenario

There are many nuances when it comes to temporary guardianship; however, a common scenario where temporary guardianship is granted is when a long-term guardian cannot be available for the child. At Finn Legal Group, we commonly use the example below:

Imagine what would happen if you and your spouse went out to dinner and never came home that night. What do you think would happen to your child?

Believe it or not, some counties in California require that any minor children go with child protective services if this event were to take place. To avoid this catastrophic scenario, parents can name temporary guardians to obtain custody of the children before any long-term guardians are available. This scenario is vital if your long-term guardians live more than 20 minutes away, let alone in another state. Our short-term guardianship lawyer can guide you through this process and ensure that your children have an established short and long-term guardianship plan.

Temporary Guardianship Options in California

Power of Attorney for a Minor Child

A power of attorney for a minor child is one of the available options for temporary guardianship in California. Specifically, this option grants a responsible adult the legal authority to make decisions on behalf of a child when their parent is unable to do so.

Furthermore, the designated adult will have physical custody of the child, allowing them to determine the child’s schooling and medical care. It is important to note that either parent retains the right to revoke the power of attorney at any time. Additionally, both parents must sign and have the form notarized for it to be legally valid. If you require more information regarding the necessary legal documents, please feel free to reach out to our trusted temporary guardianship attorney in Newport Beach, California today.

Caregiver’s Authorization Affidavit

A caregiver’s authorization affidavit is a temporary guardianship option primarily intended for relatives who are caring for a minor. This document grants the caregiver the authority to enroll the minor in school and make medical decisions on their behalf. However, if the caregiver is not a relative of the child, their medical decision-making is limited to matters related to school. For instance, they can approve immunizations or physical exams that are required for enrollment.

It is important to note that the caregiver’s authorization affidavit is not a legally binding court order, similar to a power of attorney for a minor child. As a result, a parent has the right to revoke this document at any time. If you require assistance in properly preparing this affidavit, please do not hesitate to contact us.

Joint Guardianship

In situations where a parent faces a serious medical condition and requires a responsible adult to care for their child, joint guardianship is often utilized. This legal option holds particular significance for terminally ill parents who wish to establish future custody arrangements for their children. It’s important to note that this process is currently only available in California and Connecticut.

Under joint guardianship, a parent can maintain their parental rights while sharing authority with a caregiver. This empowered caregiver is then entrusted to make decisions on behalf of the child in the following areas:

• Where the child resides
• What medical treatment the child receives
• Which school the child attends
• Whether the child may enlist in the military or get a driver’s license

Ultimately, the caregiver will assume the role of the child’s sole legal guardian should the parent pass away. It’s important to note that the court mandates parents to complete and submit specific forms to establish a joint guardianship. If you need assistance with this process, our Newport Beach temporary guardianship lawyer is here to help.

Private Agreement

A caregiver has the option to enter into a private agreement with a parent to provide care for a child. This agreement should clearly state that the caregiver will have custody of the child with the parent’s consent. It is important to note, however, that either parent can revoke this agreement at any time. It is unfortunate that some agencies may not recognize the legal validity of such private agreements.