Some states limit informal arrangements, such as those made by letter, to a six month period in order to be effective. Find and read your state’s statute on domestic relations or child custody. To find your state statute, type the name of your state into a search engine along with the words “temporary guardianship,” “guardianship,” or “domestic relations. ”
If costs are a concern, be aware that many attorneys now offer “unbundled legal” services. Under this arrangement, the lawyer will perform discrete tasks (such as offering advice or drafting a guardianship letter). By paying for only limited services, you can lower the cost of legal representation.
Many people consider family and close friends as first choices to act as guardians. You should also consider the parents of your children’s friends. They know your child and, if they live in the same area, can transport your child to school quite easily. Be sure to talk to your children as well. If they are old enough, they may have a preference for who they want to stay with.
Then, you should also include the date two lines down from your address. For the sake of simplicity, make sure that it is the date when the letter will be signed. [4] X Research source Next, type the address of the guardian two lines below the date. Align it to the left, just as you did with your own address. [5] X Research source
For example, you can type, “I, Charles Smith, am the parent of Jack Smith, of whom I have legal custody. I authorize Betty Lincoln to serve as temporary guardian of Charles Smith. ” If there are two parents, then type, “We, Charles Smith and Evelyn Smith, are the parents and legal guardians of Jack Smith. We authorize Betty Lincoln to serve as temporary guardian of Charles Smith. ”
For example, you may write: “I authorize my child to live and travel with the temporary guardian. I give the temporary guardian the right to make medical, educational, and recreational decisions for my child. ” You might choose to limit the powers. For example, you may not want to grant the temporary guardian the power to make any and all medical decisions. Instead, you can specify what medical decisions the temporary guardian can make. [9] X Research source You might write: “I grant the temporary guardian power to authorize medical care for my child, such as medical examinations, X-rays, blood tests, and emergency treatment. ” By limiting the information, you can assure that you will be contacted for approval for other treatments.
For example, you can type, “Duration: This temporary guardianship is in effect from [start date] to [end date]. ”[11] X Research source
Also provide contact information for professional providers. You should include a list of any professional providers, such as doctors and dentists. Include their addresses and telephone numbers. [13] X Research source Also include information about insurance, such as policy numbers and the name of the insured parent. [14] X Research source
Underneath the information on your children, include information about the temporary guardian: name, address, phone number, email, and relationship to the child. [16] X Research source You also might want to include the guardian’s driver’s license number. With this information, the person receiving a copy of the guardianship letter can check that the person with the letter is, in fact, the temporary guardian.
Two lines below this acceptance, enter the date that the guardian signs the acceptance. Then skip five lines down to leave room for the guardian’s signature.
A sample notary block, from the state of North Carolina, is here.
Be sure to bring sufficient personal identification when you appear before the notary. Typically, a valid driver’s license or passport should suffice. [18] X Research source Notaries can be found at most banks, courthouses, and city clerk’s offices. [19] X Research source You can also search for notaries by visiting your state’s Secretary of State website, which should have a list of licensed notaries or a search engine you can use. [20] X Research source
Distribute to necessary parties. Copies of the letter should be distributed to all professionals involved with your children, such as schools and doctors.
Use your initial letter as a template and adjust accordingly. You will need to change the dates of the guardianship. You might also need to update the name of the guardian as well as medical care information. Each new letter must be signed and notarized as well.
