How To Write A Legal Guardianship Document

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  

Children are under the legal custody, authority and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children. Here is how to write a legal guardianship document.

"Parents May Suffer Temporary Challenges"

Parental authority extends to all elements of the child's life. The parents determine where the child lives, what the child eats, what medical treatment is provided and what education is afforded. In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea.

Financial distress, homelessness, legal difficulties, drug rehabilitation or health problems could lead to parents not being able to raise their children properly. The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors.

No one can predict when an accident or other disaster may occur. Some include a legal guardianship document in their wills to determine who will raise their children. If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care and moral environment for the children.

"Format of Guardianship Document"

The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state and zip code of the parent(s) with legal custodial authority. Then fill in the name of the children and their birth dates.

Next, you should list the party to whom legal guardianship will be handed off to. Include the contact telephone number, email, address and relationship to the children. List whether the guardianship transfer will be temporary for a set time period (list the beginning and ending dates), or permanent for the foreseeable future (beginning on such-and-such a date.)

The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating and stamping of the notary public.

More On This Topic



Comments are closed.