Massachusetts Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Massachusetts instrument is the Caregiver Authorization Affidavit under M.G.L. c. 201F. The parent, legal guardian or legal custodian signs as the authorizing party, and the caregiver also signs. The statutory form text is in c. 201F section 6, and the mass.gov form is available. The statute allows alternative language consistent with it, so the mass.gov form is not mandatory.

2. 2

   The affidavit may be valid for up to 2 years and may be reauthorized. The statute states no limit on reauthorizations. A separate route, a temporary agent under M.G.L. c. 190B section 5-103, lasts for a period not exceeding 60 days.

3. 3

   The authorizing party signs under the pains and penalties of perjury in the presence of 2 adult witnesses, neither of whom is the caregiver, and the affidavit shall be notarized. c. 201F states no filing requirement and no notice to a parent who did not sign. For a 60-day temporary agent under c. 190B section 5-103, a parent with another living parent of known whereabouts who is willing and able to provide care needs that parent's written consent, and at least 2 witnesses aged 18 or older, neither of whom is the temporary agent, plus the agent's written acceptance, are required.

4. 4

   The affidavit covers consent to medical, surgical, dental, developmental, mental health or other treatment on the advice of a Massachusetts-licensed professional, health care and insurance records, and educational decisions including enrollment, discipline, curricular and special education matters and permission slips. It cannot be used solely to attend a particular school, to circumvent law, or to re-confer rights a court removed. A person relying on a conforming affidavit has no duty of further inquiry and incurs no civil or criminal liability or professional discipline, unless that person knows facts contrary to it or that the authorizing party superseded the caregiver's decision. This page does not promise that any school or provider must accept the document.

5. 5

   This is not a court guardianship. It does not transfer custody, and the authorizing party keeps all parental rights. The rights are concurrent, and the authorizing party's conflicting decision supersedes the caregiver's. The affidavit must state that no court order prohibits the authorizing party from conferring the rights. The 60-day temporary agent route excludes consent to marriage or adoption and is not available where a court has ordered custody with someone other than the parent or guardian.

6. 6

   The authorizing party may reauthorize, amend or revoke the affidavit by notifying the caregiver in writing, and must give the revocation to everyone who received the original. The caregiver must also pass it on before acting further. The caregiver is any adult with whom the minor resides; the statute states no relative requirement and no minimum age beyond adult.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, a Massachusetts court can appoint a temporary guardian of a minor while a guardianship petition is pending, on a motion showing likely substantial harm before the return date and no other person with authority, under M.G.L. c. 190B section 5-204(b), for up to 90 days, longer to a date certain on a finding of extraordinary circumstances. 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 Massachusetts child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Massachusetts Requirements for Temporary Guardianship Agreement

• Parent-Signed Caregiver Authorization Affidavit

  A parent, legal guardian or legal custodian of a minor may authorize a designated caregiver to exercise certain concurrent parental rights and responsibilities relative to education and health care (M.G.L. c. 201F section 2).

• Up to 2 Years

  The affidavit may be valid for up to 2 years and may be reauthorized (M.G.L. c. 201F section 5).

• Two Adult Witnesses and Notary

  The authorizing party signs under the pains and penalties of perjury in the presence of 2 adult witnesses, neither of whom may be the caregiver, and the affidavit shall be notarized (M.G.L. c. 201F section 5).

• Caregiver Signature

  The caregiver also signs, attesting to being an adult with whom the minor resides (M.G.L. c. 201F section 5).

• Education and Health Care Rights

  The affidavit covers medical and other treatment on the advice of a Massachusetts-licensed professional, health care and insurance records, and educational decisions (M.G.L. c. 201F section 3).

• Concurrent Rights and Limits

  The authorizing party's conflicting decision supersedes the caregiver's. The affidavit may not be used solely for attendance at a particular school or to re-confer rights removed by a court (M.G.L. c. 201F section 2).

• Reliance Protection

  A person relying on a conforming affidavit has no duty of further inquiry and incurs no civil or criminal liability or professional discipline, unless that person knows contrary facts or that the authorizing party superseded the caregiver's decision (M.G.L. c. 201F section 4).

• Written Revocation

  The authorizing party may reauthorize, amend or revoke the affidavit by notifying the caregiver in writing and must give the revocation to everyone who received the original (M.G.L. c. 201F section 5).

• Substantially in the Statutory Form

  The statute says the affidavit shall be substantially in the statutory form, and alternative language consistent with the statute is not precluded (M.G.L. c. 201F section 6).