A temporary guardianship is usually secured by parents in favor of persons whom they trust to supervise their children’s affairs. Temporary guardianship pertains to the brief assumption of control by another person over the affairs of another who is a minor or who was declared as an incompetent. When full temporary guardianship over a minor is awarded to a person, the latter, herein referred to as guardian, shall have the authority to decide for the child in order to protect the latter’s interest. The guardian shall be allowed to reside with the minor for the period of the guardianship until the child’s parents return or until the court has found a person to be the child’s permanent guardian.
A temporary guardianship is often resorted to by parents when they would be:
- Traveling away from home for a long period of time
- Suffering from a disability
- Suffering from a medical condition that needs treatment abroad
- Declared to be incompetent to take care of their children
Once a temporary guardianship is awarded by the court, the guardian shall have the authority to make decisions for the child’s welfare. The court may monitor the decisions being made by the guardian in order to ensure that said decision was made for the greater interest of the child.
Who Can File For Temporary Guardianship?
A parent may file a petition to declare a friend or relative as temporary guardian of his minor children before the local family or surrogate court. Filing a petition before the family court for temporary guardianship is not necessary when one of the parents is available to take care of the minor. Temporary guardianship can only be availed of if both parents are absent to monitor the affairs of the child.
If there is a necessity for the filing of a petition for temporary guardianship, you must think of someone whom you trust completely to be the guardian of your children. In appointing a temporary guardian, you must think of someone who personally knows your child and if said person has children of his own, they must be of the same age as your child. The guardian must also be informed of important matters such as prescriptions and other health concerns.
In some jurisdictions, filing a temporary guardianship petition in court is not a requirement for a parent to grant temporary guardianship over his children. A notarized Temporary Guardianship Agreement form is sufficient in order for temporary guardianship to be effected.