State laws are going to commonly establish a time period for a court appointed temporary guardianships. In a lot of cases, a temporary guardianship could last sixty days. Nevertheless, how long a temporary guardianship lasts is going to be determined by state statutes and the situation of the case. When a temporary guardianship order does run its course, the court could prolong the order. Orders might be prolonged for short periods of time or for long-term periods, subject on what the court determines is necessary.
Additionally, a living will or a power of attorney might set the time period for the duration of guardianships. A court can always modify this time period when necessary.
It’s important to note that a temporary guardianship, comparable to permanent guardianships, is going to last as long as the court determines when necessary, to safeguard the ward or accomplish a particular purpose. An individual might petition the court to dissolve the guardianship when they feel the order for guardianship is no longer needed.
Do I Hire an Attorney for the Temporary Guardianship Proceedings?
When you’re concerned about temporary guardianships, you are able to consult with a family law attorney or one that is knowledgeable in estate planning. Even when you’re not associated to the guardianship, you could make a claim against a guardian when you believe they’re not carrying out the conditions of the guardianship.
You might also want to speak with an attorney when you want to take over guardianship of someone, even temporarily. There are a lot of documents that need to be filled out to make guardianship or even temporary guardianship legal. The assistance of a knowledgeable attorney can help you throughout this process.
Like most legal proceedings, temporary guardianships will require a notary. Documentation that gets presented to the court needs to be notarized. Each of your witness statements and any other pieces of evidence gathered to back why you’re filing for temporary guardianship is required to be notarized to be deemed credible.
How Long Can the Temporary Guardianship Endure?
Temporary guardianships conclude when the reasoning of the temporary guardianship concludes — for example, with the ending of hospitalization or the period of incarceration. In a lot of cases, temporary guardianships can be granted by court order, specifically in case the situation is crucial, and a child requires a guardian without delay. Then, the temporary guardian is going to take responsibility of the child until a long term or enduring agreement can be established.
How Does a Parent Establish a Temporary Guardianship?
First, that parent is required to ensure temporary guardianship is needed. Discussing the situation with a knowledgeable attorney could be beneficial. Once a child reaches the age of eighteen, they won’t require a guardian unless they’re debilitated. A child over eighteen can be involved in the guardianship arrangements and are required to agree to the conditions.
When a parent splits guardianship with the minor’s other parent, temporary guardianship with another individual adult is not needed. When temporary guardianship is needed, you are required to pick an adult that is dependable. The minors temporary guardian needs to be a trustworthy friend or family member that your child previously knows— preferably an individual they’ve spent extended periods of time with.
Am I Going to Need an Attorney for Temporary Guardianship Issues?
Obviously, it is important to have the help of a knowledgeable guardianship attorney for any temporary guardianship issues. An attorney can examine the circumstances of your case and represent you throughout court proceedings, when needed. Guardianship is exceedingly important for any family, particularly the minor child and it is vital to have an attorney to protect your rights.
Corbett, J. (2021, March 30). Temporary guardianship laws: Filing for temporary child custody. Retrieved May 11, 2021, from https://www.legalmatch.com/law-library/article/temporary-guardianship-laws.html
Arizona Family Law
Naming guardians in your will can be part of your estate plan. You may think you’re too young or don’t have enough money to justify the expense, but if you have children, you have priceless assets. There are many considerations when naming guardians for your kids. However, the process doesn’t have to be expensive or complicated.
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.