TEMPORARY GUARDIAN
If you are the parent of a minor child you may at some time want to temporarily have another person be able to care for your child, consent to medical care, enroll your child in school, or handle other parental tasks. This is a very good idea if you are going away for more than a few days and leaving your child in someone else’s care, if you are going to be hospitalized and leaving your child with someone else on a full-time basis, or if your child is going to live with a relative or a friend for a while. Otherwise, if your child needed emergency medical care, there could be a problem locating you for your consent.
Oregon law provides that a parent or guardian of a minor child can sign an Appointment of Temporary Guardian to temporarily give another person the right to act as a parent to that child (Oregon Revised Statutes 109.056).This is called “delegating” your rights and powers as a parent. You can delegate any of your rights and powers as a parent, except the power to consent to your child’s marriage or the power to consent to your child’s adoption. You can delegate all your other rights and powers as a parent, or only certain ones, such as the right to consent to medical treatment or the right to enroll a child in school.The form delegates all powers except the two mentioned above, which cannot be delegated.
This temporary delegation of powers and rights is called a Temporary Power of Attorney, or a Temporary Appointment of Guardian. It is valid only for six (6) months or less time if you revoke it before the six (6) months is up. You can also specifically state in the Temporary Appointment of Guardian that it is valid only until a certain date, but it must be less than six (6) months from the date you sign it.
To give these rights to another person, you need to fill out and sign a Temporary Appointment of Guardian. You can use one form for all of your children if they are going to be cared for by the same person. If you will need more than one form, because two different people are caring for your children, or because you want to sign another one after the first (6) month period is up, make copies of this form while it is still blank.
PERMANENT GUARDIAN
Who Will Care For Your Children If Something Happens to You and Your Spouse/Partner?
Perhaps the most important benefit of the Will is that it allows the parents to determine who will provide for the social training and physical needs of children if neither parent survives. If there is no Will nominating a guardian, the court must appoint one even though it cannot possibly know the values, lifestyle and child-rearing philosophy of the parent(s). It must make a decision based on state law and in the best interests of the children. It is often difficult to determine the children’s best interests in a brief court hearing.
If one parent dies, the other parent remains the natural guardian of the children. When parents are divorced and one parent dies, children generally go to live with the other parent. It is important for divorced and single parents to have a Will or designation of guardianship for their minor children. The Will or designation of guardianship of the last parent to die controls guardianship for the children. If the mother dies with a Will and then the father dies without one, the mother’s Will designates who should be guardian for the children.
When nominating a guardian, give careful consideration to lifestyle and values. Consider the physical ability of the possible guardian to raise the children. A small child may be too much for a grandparent. The person being nominated might divorce and remarry or move to another part of the country. Under what conditions would this person be acceptable as guardian? All parents should indicate an alternate choice in case the first choice nominee is unable to accept the responsibility of serving as guardian. Most importantly, parents should discuss their plans with the person being nominated.
If you are interested in having a Temporary Guardianship Appointment, please feel free to contact me.