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Can I Get Guardianship of a Child Without Going to Court?

As a parent, you want to do everything you can to make your child’s life happy and healthy. Your child’s well-being is your first and foremost concern. It is critical to assign a guardian for your minor children in case something unexpected happens. Parents typically provide guardianship as part of their will and estate plan. However, there may be times when a faster and more efficient method of assigning guardianship may be needed. Many people wonder whether you can get guardianship of a child without going to court. An experienced Wisconsin family law attorney can assist you with questions regarding the guardianship of a minor.

Short-Term Guardianship

Guardianship is generally considered permanent, but there is an option to provide short-term guardianship for children. Short-term guardianship is a way to authorize a guardian on a temporary basis. This is an informal way to assign guardianship that is a helpful tool for parents who need to authorize another adult as a guardian to their child for a temporary period of time. Temporary guardianship is the ideal way to grant permission for someone to take over responsibility for your children in times when a fast and easy option is required.

Provisions of Short-Term Guardianship

You can provide for informal temporary child guardianship without going to court. You are required to fill out a form and make sure to have two witnesses and obtain signature notarization. The purpose of temporary guardianship is to ensure that a competent adult of your choice will take care of your child’s needs should it become necessary. For instance, you may need to provide temporary guardianship when you have to travel away or when there is an emergency. Temporary guardianship allows the person you select to make decisions on behalf of the child in the same way that a parent does.

The short-term guardianship form allows the caregiver to authorize medical care and make other medical decisions on behalf of the child, also called healthcare power of attorney. The guardian will also be able to fill out and submit health insurance claims for the child. The guardian can also make and carry out decisions regarding education, including enrolling a child in school. Temporary guardianship allows a child to travel with the guardian.

Temporary Guardianship

Temporary guardianship is known as the appointment of short-term guardianship and is designed for short-term use only. The guardianship will come to an end after a specified period of time. A revocation document will end the temporary guardianship. Temporary guardianship is not intended for permanent use. It is a helpful way to make sure that your child will have proper adult care when you are not there. Temporary guardianship is an informal option that you can use whether your child is going away with another family on a short trip or during times when you are away for business or unavailable due to medical reasons. Those who want to seek permanent guardianship must still go through the court process.

Temporary guardianship is an option that gives parents peace of mind to make sure that their children will be properly cared for during times of need. If you wish to prepare for temporary or permanent guardianship of a child, it is helpful to seek legal guidance. Contact our knowledgeable attorneys at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to discuss your needs today.

Published September 26, 2022
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