Minnesota Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Minnesota's general instrument is a delegation of powers by a parent through a properly executed power of attorney under Minn. Stat. 524.5-211. The parent, legal custodian or nonprofessional guardian signs it.

2. 2

   The delegation may last for a period not exceeding one year. The statute text does not address renewal or a new delegation after one year. A second route, a standby or temporary custodian designation under Minn. Stat. chapter 257B, allows a temporary custodian term of up to 24 months.

3. 3

   Minn. Stat. 524.5-211 does not itself state a notary or witness rule. Section 524.5-211 does not cross-reference chapter 523, which says a power of attorney is validly executed when dated and signed by the principal, with a notary acknowledgment stated for a signature by another person or by a mark. A chapter 257B designation must be signed in the presence of two adult witnesses (18 or older) who are not named in it.

4. 4

   A parent who signs a delegation must mail or give a copy to any other parent within 30 days of signing, unless that parent has no parenting time or only supervised parenting time, or a chapter 518B order for protection (or similar out-of-state law) is in effect. No filing is required for the power of attorney.

5. 5

   The delegation may cover any powers regarding care, custody or property of the minor, except the power to consent to marriage or adoption. Ask schools and providers ahead of time whether they will rely on it. The statute names no relative requirement or minimum age for the person receiving the delegation.

6. 6

   This is not a court guardianship. It does not need court approval, and the parent remains the child's parent. For a chapter 257B designation, the statute says the designator does not lose any custodial rights by appointing a standby or temporary custodian. Section 524.5-211 states no revocation method, while a 257B designation can be revoked before any petition by destroying it and notifying the custodian.

7. 7

   If this document does not fit your situation, or a court-backed arrangement is needed, a Minnesota court may appoint a temporary guardian of a minor on a showing of immediate need and best interest (not to exceed six months), or an emergency guardian where the regular procedure would likely cause substantial harm to health or safety and no other person has authority (not to exceed 30 days), under Minn. Stat. 524.5-204. This page does not say whether those court routes can proceed over a parent's objection. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Minnesota child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Minnesota Requirements for Temporary Guardianship Agreement

• Parent Delegation by Power of Attorney

  A parent, legal custodian or nonprofessional guardian may delegate any powers regarding care, custody or property of the minor by a properly executed power of attorney (Minn. Stat. 524.5-211(a)).

• One-Year Cap

  A delegation under 524.5-211 is for a period not exceeding one year. The statute says nothing on renewal (Minn. Stat. 524.5-211(a)).

• Copy to the Other Parent

  The parent must mail or give a copy to any other parent within 30 days of execution, unless that parent has no or only supervised parenting time or a chapter 518B protective order or similar out-of-state law is in effect (Minn. Stat. 524.5-211(c)).

• Marriage and Adoption Excluded

  The power to consent to marriage or adoption cannot be delegated (Minn. Stat. 524.5-211).

• Parent Signature and Date

  The parent signs the power of attorney. Section 524.5-211 requires a properly executed power of attorney but does not itself state a notary or witness rule or cross-reference chapter 523 (Minn. Stat. 524.5-211(a)).

• Chapter 257B Designation Witnesses

  A standby or temporary custodian designation must be signed by the designator in the presence of two witnesses aged 18 or older who are not named in it, and must include the custodian's signed consent (Minn. Stat. 257B.04 subds. 1-2).

• Temporary Custodian Term

  A temporary custodian under chapter 257B serves for a specific time up to 24 months, and the designator does not lose custodial rights (Minn. Stat. 257B.01 subd. 13; 257B.02).

• Revocation of a Designation

  Before a petition, a 257B designator may revoke by destroying the designation and notifying the custodian (Minn. Stat. 257B.07).

• Court Alternatives

  A temporary guardian of a minor may not exceed six months and an emergency guardian may not exceed 30 days (Minn. Stat. 524.5-204(b),(c)).