Arizona Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The instrument is a Power of Attorney Delegating Parental Powers under A.R.S. 14-5104 (military members: 14-5107). The parent or guardian signs as principal. The Arizona Supreme Court form is GNPPOA10F; the statute is silent on whether the form must be used, and it may be used.

2. 2

   The delegation may last for a period not exceeding six months. A parent or guardian who is a military member (an active-duty member of the army, navy, air force or marines, or a reserve or National Guard member performing official duties under Title 10 or 32 U.S.C.) may delegate for a period not to exceed one year under A.R.S. 14-5107, and the court form has a military checkbox. The statutes are silent on signing a new power of attorney when the term ends.

3. 3

   The statute requires a properly executed power of attorney and does not require both parents to sign. The court form has a notary block, one witness who signs and is sworn before the notary, and a single principal signature block with no line for the person receiving the powers. Ask whether any filing or notice to the other parent is expected where you will use it.

4. 4

   The delegation can cover any powers the parent has regarding care, custody or property of the child, except the power to consent to the marriage or adoption of the child. The form offers all parental responsibilities or a listed set of specific acts. The statute does not list school or medical powers.

5. 5

   A.R.S. 14-5104 and 14-5107 do not include a protection for schools, doctors or other providers who rely on the document, so no acceptance is promised. A school or provider may have its own requirements.

6. 6

   This is not a court guardianship. It does not transfer custody or end the parent's rights, and the person named does not become the child's legal guardian. Under the court form, the parent may revoke it in writing at any time before it expires. The statute allows 'another person' to serve and states no relative requirement or minimum age.

7. 7

   Use the court route instead if this document does not fit your situation, or a longer or court-backed arrangement is needed. A court may appoint a temporary guardian whose authority shall not last longer than six months, unless the court extends it if in the minor's best interests (A.R.S. 14-5207(E)); see the guardianship of a minor petition page. Report abuse or danger to the child to the Arizona child protective agency, and take disputes between parents to a custody agreement or parenting plan.

Arizona Requirements for Temporary Guardianship Agreement

• Parent Signs a Power of Attorney

  A parent or guardian delegates parental powers by a properly executed power of attorney. The parent is the principal and the person receiving the powers is the attorney-in-fact (A.R.S. 14-5104).

• Six-Month Limit

  The delegation is for a period not exceeding six months (A.R.S. 14-5104). The statutes are silent on signing a new power of attorney at expiry.

• One-Year Limit for Military Members

  A military member who is a parent or guardian, including an active-duty member or a reserve or National Guard member performing official duties under Title 10 or 32 U.S.C., may delegate for a period not to exceed one year (A.R.S. 14-5107).

• Notary and One Witness on the Court Form

  Arizona Supreme Court form GNPPOA10F includes a notary block and one witness who is sworn before the notary. The statute says only that the power of attorney must be properly executed (A.R.S. 14-5104).

• Any Parental Power Except Marriage or Adoption

  The parent may delegate any powers regarding care, custody or property of the child, except the power to consent to the marriage or adoption of the minor (A.R.S. 14-5104, 14-5107).

• Written Revocation Before Expiration

  Under the court form, the principal may revoke the document in writing at any time before the expiration date.

• Delegate to Another Person

  The powers may be delegated to 'another person.' The statute states no relative requirement and no minimum age (A.R.S. 14-5104).

• Not a Court Guardianship

  The document is not a court order, does not transfer custody and does not end the parent's rights. A court guardian of a minor may consent to marriage or adoption, unlike a person acting under this power of attorney (A.R.S. 14-5209(C)(5)).