Tennessee Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   The Tennessee instrument is the Power of Attorney for Care of a Minor Child under Tenn. Code Ann. §34-6-301 et seq. The parent signs it (a parent includes a legal guardian or legal custodian), and the caregiver accepts it on the state form. The statute refers to a form provided by the Department of Children's Services; the Tennessee Department of Education hosts a copy of the five-page form. Check which form your school or provider asks for.

2. 2

   A hardship is required. The statute lists serious illness or incarceration of a parent, a physical or mental condition, and loss or uninhabitability of the home from a natural disaster. A local education agency need not enroll the child on any other hardship. The form's checklist also lists medical or mental health or substance-abuse treatment of the parent and other. This page states no duration or renewal rule for the Tennessee power of attorney, and the form has no term field.

3. 3

   The parent signs, and the signature is acknowledged before a notary public or two witnesses who sign and date concurrently and in each other's presence. The form has notary blocks for each parent and the caregiver, the caregiver initials part of it, and signatures are made under penalty of perjury. No filing step is given. The caregiver can be any adult residing in Tennessee, with no relative requirement stated.

4. 4

   On the form, the parents' signing options are: both parents with custody sign; one parent is deceased; or one custodial parent signs and sends the other parent a copy and notice of §34-6-305 by certified mail, return receipt requested, to the last known address. If the other parent has not consented and consent cannot be obtained, the reason is stated on the form.

5. 5

   The caregiver may enroll the child in school and extracurricular activities, obtain medical, dental and mental health treatment, and provide for food, lodging, housing, recreation and travel, plus any additional powers the parent grants. The caregiver may enroll the child in the school system serving the caregiver's home, and the school may require proof of residence with the caregiver or of the hardship. The state form's notice, citing §34-6-308, says a person, school official or health care provider who relies in good faith on the power of attorney to enroll the child in school or to provide medical, dental or mental health care, without actual knowledge of contrary facts, is not subject to criminal or civil liability, if given a copy of an appropriately executed power of attorney and no written revocation. Under §34-6-304(c), fraudulent misrepresentation of residence or hardship can make the caregiver and parent liable for restitution and litigation costs.

6. 6

   This is not a court guardianship. It does not provide legal custody, and the parent's rights stay in place. To override the caregiver, the parent must revoke in writing and give written documentation to the health care provider and the school. Either parent with legal custody can end it by another signed writing, and a court order can end it. If the child stops living with the caregiver, the caregiver must notify any person, school or provider given the document.

7. 7

   DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Tennessee child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Tennessee Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent, including a legal guardian or legal custodian, may delegate to any adult residing in Tennessee temporary care-giving authority without court approval when hardship prevents the parent from caring for the child (Tenn. Code Ann. §34-6-302(a), (c)).

• Statutory Hardship

  The statute lists serious illness or incarceration of a parent, a physical or mental condition, and loss or uninhabitability of the home from a natural disaster. A local education agency need not enroll the child on any other hardship (§34-6-302(a)).

• Notary or Two Witnesses

  The power of attorney is signed by the parent and acknowledged before a notary public or two witnesses who sign and date concurrently and in each other's presence (§34-6-302(b)).

• Other Parent Copy and Notice

  Where only one parent signs, the form calls for a copy and notice of §34-6-305 sent to the other parent by certified mail, return receipt requested, unless consent cannot be obtained.

• Authority Granted

  The caregiver may enroll the child in school and extracurricular activities, obtain medical, dental and mental health treatment, and provide for food, lodging, housing, recreation and travel, plus additional powers the parent grants (§34-6-304(a)).

• School Enrollment Proof

  The caregiver may enroll the child in the school system serving the caregiver's residence, and the school may require documentation of residence or verification of the hardship (§34-6-304(b)).

• Good-Faith Reliance

  The state form's notice, citing §34-6-308, says a person, school official or health care provider relying in good faith on the power of attorney to enroll the child in school or to provide medical, dental or mental health care, without actual knowledge of contrary facts, is not subject to criminal or civil liability, if given a copy of an appropriately executed power of attorney and no written revocation.

• Revocation in Writing

  The parent revokes in writing and gives written documentation to the health care provider and the local education agency. Either parent with legal custody may also terminate it by another signed writing, or a court may by order.