Alabama Temporary Guardianship Agreement

Q: Who signs an Alabama temporary guardianship agreement?

Alabama calls the instrument a power of attorney delegating parental powers (Ala. Code 26-2A-7). A parent who has custody signs it to delegate powers to another person. The statute leaves open whether one or both parents must sign or whether the caregiver also signs.

Q: Is there an official Alabama form?

Ala. Code 26-2A-7 does not name an official statewide form. The statute asks only for a properly executed power of attorney, so the document needs to be drafted to cover the powers and term you choose.

Q: How long can an Alabama power of attorney for a child last?

The delegation may be for a period not exceeding one year (Ala. Code 26-2A-7(a)). Renewal and a default term are left open by the statute, so name a clear end date within the one-year limit.

Q: Does an Alabama delegation of parental powers have to be notarized or recorded?

Section 26-2A-7 requires a properly executed power of attorney but does not itself state notary, witness or filing rules. Some form sellers say notarization and recording are required, but the statute itself lists no such step.

Q: Does the other parent have to sign or be told in Alabama?

The statute leaves open whether one or both parents must sign and is silent on notice to the other parent. Only a parent who has custody may delegate under this section.

Q: Who can be the caregiver in Alabama?

The statute allows delegation to another person. It states no relative requirement and no minimum age.

Q: Can the caregiver enroll the child in school and consent to medical care in Alabama?

Yes, if the parent delegates those powers. The statute covers any power regarding health, support, education or maintenance, which includes medical care and school matters. It has no separate school-enrollment or medical-consent provision.

Q: What can an Alabama caregiver not do under the delegation?

The caregiver cannot be given the power to consent to marriage or adoption of a minor ward. The delegation does not relieve the parent of primary responsibility for the minor, and it does not make the caregiver a legal guardian.

Q: Will an Alabama school or doctor have to accept the power of attorney?

Section 26-2A-7 contains no clause protecting a school or medical provider that relies on the document, so acceptance is not promised. Check with the school and the provider before relying on it.

Q: How is an Alabama delegation of parental powers revoked?

Section 26-2A-7 says nothing on revocation. A parent who wants to end it should put that in writing and give a copy to the caregiver and any school or provider that has the document.

In Alabama this is a power of attorney under Ala. Code 26-2A-7, not a court guardianship.

Find out where you stand in Alabama

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Introduction

A parent who has custody signs a power of attorney delegating parental powers to another person for a period not exceeding one year. It may cover health, support, education or maintenance, except consent to marriage or adoption. No court is involved.

Key Things to Know

1
The instrument is a power of attorney delegating parental powers under Ala. Code 26-2A-7. A parent who has custody signs it and names another person to act. The statute names no official statewide form.
2
The delegation may last for a period not exceeding one year. Renewal and a default term are left open by the statute, so set a clear end date within the one-year limit and ask an attorney before signing a new one.
3
The statute requires a properly executed power of attorney. It does not say whether one or both parents must sign, whether the caregiver signs, or whether a notary, witnesses, filing or notice to the other parent is needed.
4
The parent may delegate any power regarding health, support, education or maintenance of the person or property of the minor child. Education covers school matters and health covers medical care. The power to consent to marriage or adoption of a minor ward cannot be delegated.
5
The statute has no clause protecting a school or medical provider that relies on the document, and it says nothing on revocation. A school or doctor may ask questions or decline, so check with them before relying on it.
6
This is not a court guardianship. The caregiver does not become a legal guardian, custody does not transfer, and the parent's rights are unchanged. The parent stays primarily responsible for the child. The delegation cannot be used to thwart or circumvent Chapter 15 of Title 12 or Article 2 of Chapter 2 of Title 44 of the Alabama Code. Report abuse or danger to the child to the Alabama child protective agency, and take disputes between parents to a custody or parenting plan.
7
If this does not fit your situation, or a longer or court-backed arrangement is needed, a court can appoint a temporary guardian of a minor (Ala. Code 26-2A-73(b)) whose authority may not last longer than six months. A guardianship over a parent's objection is a contested case. See the guardianship of a minor petition page.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in Alabama, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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POWER OF ATTORNEY DELEGATING PARENTAL POWERS (Alabama Code section 26-2A-7)

This document is made under Ala. Code section 26-2A-7. It is not a court order. It does not transfer custody of the child and does not change the parent's rights. The parent remains primarily responsible for the child. No official statewide form is used for this document.

PARTIES Parent who has custody: [PARENT FULL NAME], of [PARENT ADDRESS], [PARENT CONTACT]. [IF APPLICABLE: Second parent: [SECOND PARENT FULL NAME], of [ADDRESS], [CONTACT].] Person receiving the delegated powers: [CAREGIVER FULL NAME], of [CAREGIVER ADDRESS], [CAREGIVER CONTACT]. Relationship: [RELATIONSHIP]. Child: [CHILD FULL NAME], born [CHILD DATE OF BIRTH].
POWERS DELEGATED The parent delegates to the person named above the following powers regarding the child's health, support, education or maintenance. (a) Health: consent to medical, dental and mental health care for the child: [GRANTED OR NONE]. (b) Education: enroll the child in school and make school decisions: [GRANTED OR NONE]. (c) Support and maintenance: provide for the child's day-to-day needs and care: [GRANTED OR NONE]. [IF APPLICABLE: Other powers regarding the health, support, education or maintenance of the child: DESCRIBE.]
WHAT THIS DOCUMENT DOES NOT DO This document does not delegate the power to consent to marriage or adoption. It does not make the person named above a legal guardian of the child, and it does not give that person custody of the child. This temporary delegation does not relieve the parent of primary responsibility for the child.
TERM This power of attorney begins on [START DATE] and ends on [END DATE], a period not exceeding one year. It ends earlier if the parent ends it under section 5.
ENDING THE DELEGATION EARLY The parent may end this delegation at any time by giving the person named above written notice. [IF APPLICABLE: Copy of the notice to the child's school or health provider: NAME.]
CONTACT AND CHILD'S INFORMATION Parent's contact while the child is in the person's care: [PARENT CONTACT DURING TERM]. Child's doctor: [DOCTOR NAME AND CONTACT]. Child's school: [SCHOOL NAME AND CONTACT]. Health insurance information: [INSURANCE CARRIER AND POLICY NUMBER].
SIGNATURES Parent who has custody: [PARENT SIGNATURE] Date: [DATE] [IF APPLICABLE: Second parent: [SECOND PARENT SIGNATURE] Date: [DATE]] [IF APPLICABLE: Person receiving the powers, accepting them: [CAREGIVER SIGNATURE] Date: [DATE]]

[IF APPLICABLE: NOTARY ACKNOWLEDGMENT. State of Alabama, County of [COUNTY]. Acknowledged before me on [DATE] by [NAME OF EACH SIGNER]. [NOTARY SIGNATURE AND SEAL] Notary Public]

This document is a power of attorney under Ala. Code section 26-2A-7 and must be properly executed.

Alabama Requirements for Temporary Guardianship Agreement

Power of Attorney Signed by a Parent Who Has Custody
A parent who has custody, or a guardian, may delegate parental powers by a properly executed power of attorney to another person (Ala. Code 26-2A-7(a)).
Delegation Limited to One Year
The delegation may be for a period not exceeding one year. Renewal is left open, so the document states a start date and an end date within that period (Ala. Code 26-2A-7(a)).
Powers Regarding Health, Support, Education or Maintenance
The parent may delegate any power regarding health, support, education or maintenance of the person or property of the minor child, which covers medical and school matters (Ala. Code 26-2A-7(a)).
Marriage and Adoption Consent Excluded
The power to consent to marriage or adoption of a minor ward cannot be delegated, and the document says so (Ala. Code 26-2A-7(a)).
Parent Stays Primarily Responsible
A temporary delegation of parental powers does not relieve the parent of primary responsibility for the minor. The document states that custody does not transfer and no legal guardian is created (Ala. Code 26-2A-7(a)).
Properly Executed Document
The statute requires a properly executed power of attorney but does not itself state notary, witness, filing or caregiver-signature rules, so the signature block allows an optional notary acknowledgment (Ala. Code 26-2A-7(a)).
Cannot Circumvent Other Alabama Code Provisions
The delegation may not be used to thwart or circumvent Chapter 15 of Title 12 or Article 2 of Chapter 2 of Title 44 (Ala. Code 26-2A-7(b)).
Any Other Person May Serve
The delegate is another person. The statute states no relative requirement or minimum age (Ala. Code 26-2A-7(a)).

Frequently Asked Questions

Who signs an Alabama temporary guardianship agreement?

Is there an official Alabama form?

How long can an Alabama power of attorney for a child last?

Does an Alabama delegation of parental powers have to be notarized or recorded?

Does the other parent have to sign or be told in Alabama?

Who can be the caregiver in Alabama?

Can the caregiver enroll the child in school and consent to medical care in Alabama?

What can an Alabama caregiver not do under the delegation?

Will an Alabama school or doctor have to accept the power of attorney?

How is an Alabama delegation of parental powers revoked?

What are the Alabama court options if a power of attorney will not work?

Find out where you stand in Alabama

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

Alabama Requirements for Temporary Guardianship Agreement

Power of Attorney Signed by a Parent Who Has Custody

Delegation Limited to One Year

Powers Regarding Health, Support, Education or Maintenance

Marriage and Adoption Consent Excluded

Parent Stays Primarily Responsible

Properly Executed Document

Cannot Circumvent Other Alabama Code Provisions

Any Other Person May Serve

Frequently Asked Questions