Temporary Guardianship Agreement

Q: What is a temporary guardianship agreement?

It is a document a parent signs to give another adult temporary authority to care for a child, including enrolling the child in school, consenting to medical care and making day-to-day decisions. In many states it works without a court case. The exact name and form depend on the state. The caregiver is often a grandparent, aunt, uncle or family friend, and parents use it when deploying, in the hospital, in treatment, incarcerated or travelling. Use the state table below to find your state's version, signing rules and limits.

Q: Does a temporary guardianship agreement transfer custody?

No. It does not transfer custody and does not end or reduce the parent's rights. The caregiver can act for the child within the authority the document gives, and the parent can usually revoke it and resume care at any time.

Q: Do I need to go to court?

Often not. Many states let a parent sign a document delegating school and medical authority without a court case. Some states have no general out-of-court route, and a court guardianship is needed there or when a parent objects, the parents cannot sign, or the arrangement will last a long time.

Q: Who signs the document?

In most states the parent signs and the caregiver signs to accept the role. Some states use a caregiver affidavit that the caregiver signs instead of the parent. Some states require both parents to sign or require notice to the other parent, so check your state's rule before signing.

Q: Does it need to be notarized or witnessed?

It depends on the state. Some states require a notary, some require one or more witnesses, and some require neither. Even where it is optional, many parents have the document notarized because schools and medical providers are more comfortable relying on it.

Q: How long does a temporary guardianship agreement last?

It lasts until the end date in the document, until the parent revokes it, or until any time limit set by the state, whichever comes first. Many states cap the term, and a new document is usually needed to continue past that limit.

Q: What decisions can the caregiver make?

Typically school enrollment and school records, routine and emergency medical, dental and mental health care, and everyday decisions about activities and travel. Consent to the child's marriage or adoption usually cannot be delegated, and some states exclude other decisions as well.

Q: Can the parent cancel the agreement?

Usually yes. The parent can revoke it, often by giving written notice to the caregiver and to anyone relying on the document, such as the school or doctor. The caregiver should return the child and stop using the document once it is revoked.

Q: Will schools and doctors accept it?

Schools and medical providers rely on these documents under their state's rules, and many states protect providers who act in good faith on a properly signed document. Acceptance can still vary, so bring a signed copy and the parent's contact information, and use your state's official form where one exists.

Q: What if the other parent objects or the child is unsafe?

A disagreement between parents about who cares for the child is a custody matter for a custody agreement or parenting plan, not this document. If a child is being abused, neglected or is in danger, contact child protective services or law enforcement right away.

Give a trusted adult temporary authority over your child's schooling and medical care while away.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

A temporary guardianship agreement lets a parent give another adult authority to care for a child. In many states the parent can sign it without going to court. It is not a court guardianship, and the parent can usually revoke it at any time.

Key Things to Know

1
The document has different names in different states, such as an authorization agreement, a power of attorney delegating parental powers, a designation, or a caregiver affidavit. In most states the parent signs and the caregiver accepts, but in some states the caregiver signs an affidavit instead. Where a state publishes an official form, that form controls.
2
This is not a court guardianship. It does not transfer custody, the parent keeps all parental rights and duties, and the caregiver acts alongside the parent rather than in place of the parent.
3
The parent can usually revoke the document at any time, often in writing delivered to the caregiver. Many states also cap how long it lasts and require a new document to continue past that limit.
4
Signing rules vary. Some states require a notary, some require witnesses, some require both parents to sign or the other parent to be notified, and some require a copy to be given to the school or another office.
5
Some decisions usually cannot be delegated, most commonly consent to the child's marriage or adoption. States may add other exclusions, so the document should list only the authority your state allows.
6
Schools, doctors and other providers rely on these documents under their state's rules, and many states protect a school or provider that acts in good faith on a properly signed document. Carry a signed copy and keep the parent's contact information current.
7
A court guardianship may be needed instead when a parent objects, the parents cannot sign, the child will be away a long time, or the state has no out-of-court option; the guardianship of a minor petition page covers that route. If a child is being abused or is in danger, contact child protective services or law enforcement, and disputes between parents belong on the custody and parenting plan pages.

Temporary guardianship documents by state

What each state calls the document, who signs it, and how long it can last. Open your state's page before you sign.

State	Document	Who signs	Maximum length
Alabama	Power of attorney delegating parental powers	Custodial parent	1 year
Alaska	Power of attorney (court form PG-701)	Parent or guardian	1 year
Arizona	Power of attorney (form GNPPOA10F)	Parent or guardian	6 months (1 year military)
Arkansas	No general out-of-court delegation	See the state page	See the state page
California	Caregiver's Authorization Affidavit	Caregiver only	No fixed term
Colorado	Delegation of power (JDF 751)	Parent or guardian	12 months
Connecticut	Designation of a standby guardian	See the state page	1 year after it takes effect
Delaware	Relative caregiver school and medical affidavits	See the state page	See the state page
Florida	Medical-consent power of attorney only	See the state page	See the state page
Georgia	Power of attorney, filed in probate court	Parent and agent, notarized	1 year (grandparent unlimited)
Hawaii	Power of attorney delegating parental powers	Parent or guardian	1 year
Idaho	Power of attorney delegating parental powers	Parent or guardian	6 months (12 months military)
Illinois	Short-term guardian appointment	Parent, with 2 witnesses	365 days
Indiana	Power of attorney delegating parental powers	Parent	12 months
Iowa	No general delegation (deployment POA)	See the state page	See the state page
Kansas	Host Families Act power of attorney	Parent	1 year, one renewal
Kentucky	Power of attorney for temporary delegation	Parent or legal guardian	1 year
Louisiana	Provisional custody by mandate	Person with parental authority	1 year
Maine	Power of attorney delegating parental powers	Parent or guardian	12 months
Maryland	Kinship care affidavits	Relative caregiver	See the state page
Massachusetts	Caregiver Authorization Affidavit	Parent, guardian or custodian	Up to 2 years
Michigan	Power of attorney delegating parental powers	Parent	180 days
Minnesota	Delegation of power by parent	Parent or legal custodian	1 year
Mississippi	Power of attorney (statutory form)	Both living parents	1 year
Missouri	Power of attorney delegating parental authority	Parent or legal guardian	1 year
Montana	Power of attorney delegating parental powers	Parent or guardian	6 months
Nebraska	Temporary Delegation of Parental Powers (DC 6:10.1)	Parent	6 months
Nevada	Short-term guardian appointed in writing	Custodial parent	6 months
New Hampshire	Temporary agent	Parent or guardian	60 days
New Jersey	Power of attorney delegating parental powers	See the state page	1 year
New Mexico	Power of attorney or caregiver's affidavit	See the state page	See the state page
New York	Designation of a person in parental relation	Parent	12 months
North Carolina	Authorization to consent to health care	Custodial parent	See the state page
North Dakota	Power of attorney delegating parental powers	See the state page	6 months
Ohio	Grandparent power of attorney or caretaker affidavit	See the state page	No fixed term
Oklahoma	Power of attorney (statutory form)	Parent or legal custodian	1 year
Oregon	Power of attorney delegating parental powers	Parent or guardian	6 months
Pennsylvania	No general out-of-court delegation	See the state page	See the state page
Rhode Island	No general out-of-court delegation	See the state page	See the state page
South Carolina	No general delegation (deployment only)	See the state page	See the state page
South Dakota	No general out-of-court delegation	See the state page	See the state page
Tennessee	Power of Attorney for Care of a Minor Child	See the state page	See the state page
Texas	Authorization agreement (DFPS Form 2638)	Parent and caregiver, notarized	6 months, renews
Utah	Power of attorney delegating parental powers	Parent or guardian	6 months
Vermont	No general out-of-court delegation	See the state page	See the state page
Virginia	Power of attorney to delegate parental powers	All persons with decision authority	180 days
District of Columbia	Custodial power of attorney	Parent	See the state page
Washington	Parental power of attorney	Parent	24 months
West Virginia	Power of attorney (statutory form)	Parent or legal custodian	1 year
Wisconsin	Power of attorney delegating parental power	All parents with legal custody	1 year
Wyoming	No general out-of-court delegation	See the state page	See the state page

Key Decisions

The Child and the Situation

The Parents and the Caregiver

The Authority Needed

Temporary Guardianship Agreement Requirements

Use Your State's Instrument and Official Form Where One Exists
States name this document differently and some publish an official or statutory form. Where one exists, the official form controls and should be used.
Identify the Child, the Parents and the Caregiver
Give the child's full name and date of birth, each parent's name and contact information, and the caregiver's name, address and relationship to the child.
Have the Right People Sign
In most states a parent signs and the caregiver accepts, but some states use an affidavit signed by the caregiver instead, and some require both parents to sign or the other parent to be notified.
Follow Your State's Notary, Witness and Filing Rules
Many states require a notary, witnesses or both, and a few require the document to be filed with a court or delivered to the other parent within a set time.
List the Authority Granted and What Is Excluded
Spell out the decisions the caregiver may make, such as school enrollment and medical consent. Some decisions, such as consent to marriage or adoption, generally cannot be delegated.
Stay Within Your State's Time Limit
Most states cap how long the document lasts and set rules for renewal. Choose an end date within your state's limit.
Notify the Other Parent When Your State Requires It
Some states require written or mailed notice to a parent who did not sign, within a set number of days, or the document may not be valid.
Keep Revocation Simple and Documented
A parent can usually revoke the document, and some states require revocation in writing or notice to the caregiver and others. Keep a copy of any revocation.
Use the Court Route When an Agreement Is Not Enough
A temporary guardianship agreement does not transfer custody or end parental rights. If a parent objects, the parents cannot sign, or the need is long-term, a court guardianship may be required.

Customize your Temporary Guardianship Agreement Template with DocDraft

TEMPORARY GUARDIANSHIP AGREEMENT

PARTIES. This Temporary Guardianship Agreement is made by [PARENT 1 FULL NAME], residing at [PARENT 1 ADDRESS], telephone [PARENT 1 PHONE], [IF APPLICABLE: and [PARENT 2 FULL NAME], residing at [PARENT 2 ADDRESS], telephone [PARENT 2 PHONE],] (the "Parent"), and [CAREGIVER FULL NAME], residing at [CAREGIVER ADDRESS], telephone [CAREGIVER PHONE], who is the child's [RELATIONSHIP TO CHILD] and is at least 18 years of age (the "Caregiver").
CHILD. This Agreement concerns [CHILD'S FULL NAME], born on [CHILD'S DATE OF BIRTH] (the "Child").
PURPOSE AND EFFECTIVE DATE. The Parent will be unable to care for the Child for a period of time because [REASON, SUCH AS MILITARY DEPLOYMENT, HOSPITALIZATION, TREATMENT OR TRAVEL]. The Parent delegates to the Caregiver the temporary authority described below, effective on [EFFECTIVE DATE]. During this Agreement the Child will live with the Caregiver at [CAREGIVER ADDRESS].
AUTHORITY DELEGATED. The Caregiver may act for the Child to: (a) enroll the Child in school, attend conferences, access school records and consent to school activities and trips; (b) consent to routine and emergency medical, dental, vision and mental health care, obtain medical records, and sign authorizations needed for treatment and insurance; (c) make day-to-day decisions about the Child's care, supervision, activities, travel within [PERMITTED TRAVEL AREA] and child care; (d) [IF APPLICABLE: ADDITIONAL AUTHORITY PERMITTED BY STATE LAW].
DECISIONS NOT DELEGATED. The Caregiver may not consent to the Child's marriage or adoption, and may not make any other decision that state law does not allow a parent to delegate. The Parent keeps all parental rights and duties, including the right to make any decision for the Child. This Agreement does not transfer custody and is not a court order of guardianship.
TERM AND END. This Agreement ends on the earliest of: (a) [END DATE]; (b) the date the Parent revokes it; (c) the end of any maximum period allowed by state law; or (d) the Child reaching the age of majority.
REVOCATION. The Parent may revoke this Agreement at any time by written notice to the Caregiver. The Parent will also notify any school, medical provider or other person known to be relying on it. On revocation the Caregiver will return the Child to the Parent and stop acting under this Agreement.
CONTACT AND RECORDS. The Parent can be reached at [PARENT CONTACT INFORMATION]. The Child's physician is [PHYSICIAN NAME AND PHONE], and the Child's school is [SCHOOL NAME]. The Caregiver will keep the Parent informed of significant matters affecting the Child.
CAREGIVER ACCEPTANCE. I, [CAREGIVER FULL NAME], accept this delegation, agree to care for the Child in the Child's best interest, and agree to act only within the authority given in this Agreement.

PARENT SIGNATURE Signature: ______________________ Date: [DATE] Printed name: [PARENT 1 FULL NAME]

[IF APPLICABLE: SECOND PARENT SIGNATURE] Signature: ______________________ Date: [DATE] Printed name: [PARENT 2 FULL NAME]

CAREGIVER SIGNATURE Signature: ______________________ Date: [DATE] Printed name: [CAREGIVER FULL NAME]

[IF APPLICABLE: WITNESSES] Witness 1 signature: ______________________ Printed name: [WITNESS 1 NAME] Date: [DATE] Witness 2 signature: ______________________ Printed name: [WITNESS 2 NAME] Date: [DATE]

[IF APPLICABLE: NOTARY ACKNOWLEDGMENT] State of [STATE] County of [COUNTY] On [DATE], before me, [NOTARY NAME], personally appeared [NAMES OF SIGNERS], proved to me to be the persons whose names are signed above, who acknowledged signing this Agreement voluntarily. Notary Public signature: ______________________ My commission expires: [COMMISSION EXPIRATION DATE]

Frequently Asked Questions

What is a temporary guardianship agreement?

Does a temporary guardianship agreement transfer custody?

Do I need to go to court?

Who signs the document?

Does it need to be notarized or witnessed?

How long does a temporary guardianship agreement last?

What decisions can the caregiver make?

Can the parent cancel the agreement?

Will schools and doctors accept it?

What if the other parent objects or the child is unsafe?

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Temporary guardianship documents by state

Key Decisions

The Child and the Situation

The Parents and the Caregiver

The Authority Needed

Temporary Guardianship Agreement Requirements

Use Your State's Instrument and Official Form Where One Exists

Identify the Child, the Parents and the Caregiver

Have the Right People Sign

Follow Your State's Notary, Witness and Filing Rules

List the Authority Granted and What Is Excluded

Stay Within Your State's Time Limit

Notify the Other Parent When Your State Requires It

Keep Revocation Simple and Documented

Use the Court Route When an Agreement Is Not Enough

Customize your Temporary Guardianship Agreement Template with DocDraft

Frequently Asked Questions