Kentucky Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Kentucky instrument is the Power of Attorney for Temporary Delegation of Parental or Legal Custody and Care under KRS 403.352, with the form printed in KRS 403.353. The parent or legal guardian signs it and the attorney-in-fact accepts it. The statutory form is not mandatory word for word; wording that complies substantially with it is legally sufficient.

2. 2

   One power of attorney may not exceed 1 year. For a parent on active duty, the statutory form says the delegation may not last more than 1 year or the term of active duty plus 30 days, whichever is longer. KRS 403.352 has no express renewal clause; it refers to a parent who executes a new power of attorney after the 1 year limit has elapsed.

3. 3

   The statutory form carries a notary acknowledgment in which the notary certifies that both the parent or legal guardian and the attorney-in-fact personally appeared and signed.

4. 4

   If the attorney-in-fact is not a grandparent, aunt, uncle or adult sibling, a full criminal history and child abuse and neglect background check must be conducted before signing, with the results kept with the instrument. A child may not be placed with someone whose check shows a criminal history of child abuse and neglect.

5. 5

   The parent may delegate any traditional parental rights and responsibilities except consent to marriage and consent to an abortion or inducement of an abortion, and it cannot terminate parental rights; the form also excludes consent to adoption. The form covers school enrollment, education records, school activities and medical and dental treatment. It cannot be used solely to establish school residency unless the child actually lives with the attorney-in-fact in the school district. KRS 403.352 and 403.353 contain no good-faith reliance protection for schools or providers, so this page does not promise acceptance.

6. 6

   This is not a court guardianship. It does not change an existing court order or deprive the parent of any parental or legal rights, and the parent or legal custodian may revoke it at any time, after which the child is to be returned as soon as reasonably possible. The attorney-in-fact may not be paid and must act on a continuous basis. Kentucky also has a caregiver affidavit under KRS 405.024, signed by an adult over 18 with whom the child lives and countersigned by the parents (or explaining their unavailability), valid for 1 year and renewable annually, with a good-faith reliance rule for those who rely on a duly executed affidavit.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, Kentucky District Court has exclusive jurisdiction to appoint guardians for minors under KRS 387.010 to 387.280, in the county where the minor resides; a court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Kentucky child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Kentucky Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent or legal guardian may temporarily delegate parental rights and responsibilities to a named attorney-in-fact by a properly executed power of attorney (KRS 403.352(1)).

• 1 Year Maximum Term

  One power of attorney may not exceed 1 year. For a parent on active duty, the statutory form says the delegation may not last more than 1 year or the term of active duty plus 30 days, whichever is longer (KRS 403.352(1); KRS 403.353(1)).

• Notary Acknowledgment

  The statutory form includes a notary acknowledgment certifying that both the parent or legal guardian and the attorney-in-fact personally appeared and executed it (KRS 403.353(1)).

• Background Check for Non-Relatives

  If the attorney-in-fact is not a grandparent, aunt, uncle or adult sibling, a full criminal history and child abuse and neglect background check must be conducted before execution and the results kept with the instrument (KRS 403.352(10)).

• Powers Delegated

  The form delegates care, custody and property of the child, including school enrollment, education records, school activities, and consent or waiver for school activities and medical and dental treatment, or only specific listed powers (KRS 403.353(1)).

• Powers That Cannot Be Delegated

  Consent to marriage and consent to an abortion or inducement of an abortion cannot be delegated, and it cannot terminate parental rights; the form also excludes consent to adoption (KRS 403.352(1)(a)-(c); KRS 403.353(1)).

• School Residency Limit

  The power of attorney may not be used solely to establish residency for school attendance unless the child actually resides with the attorney-in-fact in the school district (KRS 403.352(9)(c)).

• Revocation at Any Time

  The parent or legal custodian may revoke or withdraw the power of attorney at any time, and the child is to be returned as soon as reasonably possible (KRS 403.352(3), (4)).

• No Compensation, Continuous Authority

  The attorney-in-fact may not be compensated and must exercise the authority on a continuous basis (KRS 403.352(5), (6)).