guardianship

[rmet4nzkx]

It is best if you and the parents go to court and get a court order, for temp guardianship. It sounds as if this was done so that the child could attend school in a different school district and that you are avoiding going through the courts in case that the rightful school district contests the move and lose the very precious government funds?

 

[LdiJ]

Then you have absolutely NO legal authorization to anything with this child until you have that court order. As stated in my very first post, I noticed something "off" about this due to the wording and did not think LdiJ caught what was "off" with the wording.

That notarized paper is not LEGAL authorization for you to anything regarding this child. You MUST have a court order granting you guardianship over the minor.

No, I was not "caught" by the wording.

I am well aware that she does not have court ordered guardianship that is legally enforceable.

However, parents ARE able to confer informal guardianship upon someone else....basically, what they have now is similar to a broad power of attorney.
The school is honoring the documents, and medical professionals will honor them as well.

I once had an informal guardianship of an unrelated minor for a while. You won't find anything in any state statutes that allow for something like that, because it is a "common law" issue. The parents can revoke the guardianship "at will", just like they could revoke a broad power of attorney "at will".

 

[LdiJ]

I know there are 3 levels to the guardianship, one is temporary guardianship, other is guardianship, and the third is one that courts set a LEGAL guardian where all parental rights are moved to the guardian, and to be removed as guardian the court has to re-instate the parents.. Right now I have guardianship. where I can see to medical, education, living, travel etc. This all was done for the benefit of the minor. WE, the parents and I, are not sure if want to take it to judge to remove their parental rights. At the end of the school term, May, he will be 17, and as such can make the decision where he chooses to live, in Louisiana. My primary question to start this thread was to find out if "WE" need to have a copy on file with the Clerk of court.

You are misinterpreting things to some extent. You recieving court order guardianship would not remove their parental "rights". It would be somewhat like giving you full custody. The parents wouldn't have any decision making rights while you had guardianship, but they wouldn't lose their parental rights.

If you think that you need to make it "legal", as in court ordered, you could change the wording of the documents to reflect some sort of joint custody/guardianship between you and the parents, with physical custody to you. That way the parents would retain their decision making rights, but you would have those rights as well.

However, I honestly don't think that you need that at this point. The only way that might be necessary is if some sort of issue would arise where your informal guardianship wouldn't be recognized, and the parents were too far away to step in and assist.

Generally the main issues are school, insurance, medical matters and legal matters.

Obviously the school has recognized the guardianship and allowed the child to be enrolled. I am assuming that insurance is continuing to be handled by the parents. I KNOW that medical professionals will recognize the guardianship. Therefore, the last potential issue would be legal matters...ie, if the child should get into some kind of trouble, or cause some kind of damage to someone's property....and honestly, its probably best if that would remain the parent's problem rather than yours.

 

[LdiJ]

It is best if you and the parents go to court and get a court order, for temp guardianship. It sounds as if this was done so that the child could attend school in a different school district and that you are avoiding going through the courts in case that the rightful school district contests the move and lose the very precious government funds?

The child appears to be living with the OP. Therefore whether they did it for that purpose or not, is moot.

 

[noobie]

Thanks LDIJ,

I appreciate the information you have given me, I thought that what we had done was valid, but wanted further input as to whether it had to be filed with clerk to be on record also, but from what I interupt is all that is needed is to present the document when needed to validate guardianship.. Thanks again...

 

[BlondiePB]

No, I was not "caught" by the wording.

I am well aware that she does not have court ordered guardianship that is legally enforceable.

However, parents ARE able to confer informal guardianship upon someone else....basically, what they have now is similar to a broad power of attorney.
The school is honoring the documents, and medical professionals will honor them as well.

I once had an informal guardianship of an unrelated minor for a while. You won't find anything in any state statutes that allow for something like that, because it is a "common law" issue. The parents can revoke the guardianship "at will", just like they could revoke a broad power of attorney "at will".

I understand completely about parents having an attorney draft a legal document (i.e. POA) giving another authority for medical and educational things for their minor child. That's different. If someone presented me with an "informal" guardianship paper that was not a court order, I'd make a copy of it, refuse the document, and start making some phone calls to legal authorities.

I would accept an informal document (POA) regarding consent to medical and educational stuff, after calling the parents and having the/a legal department review the document. Thus far, the OP has not run across someone that has questioned this guardianship paper not being a court order. It does not mean that that won't happen.

 

[LdiJ]

I understand completely about parents having an attorney draft a legal document (i.e. POA) giving another authority for medical and educational things for their minor child. That's different. If someone presented me with an "informal" guardianship paper that was not a court order, I'd make a copy of it, refuse the document, and start making some phone calls to legal authorities.

I would accept an informal document (POA) regarding consent to medical and educational stuff, after calling the parents and having the/a legal department review the document. Thus far, the OP has not run across someone that has questioned this guardianship paper not being a court order. It does not mean that that won't happen.

Sorry...but I am certain on this one, having had guardianship on an "informal" basis in the past. I did a great deal of research prior to agreeing to take the child into my home.

Yes, a school might require legal guardianship........but many don't, and obviously this school system doesn't require that. Mine requires legal guardianship but I didn't have that issue because the parents lived in the same school district. Therefore the child was entitled to attend in any case.

I did occasionally have medical providers contact the parents....but usually not. (and the child had alot of medical issues)

A Guardianship on this basis is no different than a POA....therefore why would you have any reason to make calls to legal authorities? In fact, an informal guardianship basically IS a POA for all intents and purposes.

 

[Zephyr]

I understand completely about parents having an attorney draft a legal document (i.e. POA) giving another authority for medical and educational things for their minor child. That's different. If someone presented me with an "informal" guardianship paper that was not a court order, I'd make a copy of it, refuse the document, and start making some phone calls to legal authorities.

I would accept an informal document (POA) regarding consent to medical and educational stuff, after calling the parents and having the/a legal department review the document. Thus far, the OP has not run across someone that has questioned this guardianship paper not being a court order. It does not mean that that won't happen.

I understand the "cya" mentality but after you have contacted the actual parents and obtained their consent the rest is just overkill.

legal or informal guardianship grants the guardians rights to legally make decisions for the child involved, the only difference is the way in which the parent may terminate the guardianship.

 

[BlondiePB]

Sorry, I used the term legal authorities to mean attorneys and/or the court to determine the validity of the paper. Not only would I want to cover my butt mentally, I want to cover my butt legally. There's way too much inappropriate things going on with such documents if ya know what I mean.

 

[Zephyr]

but the fact remains, after you have spoken with the parents, you have covered your butt and the rest is really none of your business.

 

[LdiJ]

Sorry, I used the term legal authorities to mean attorneys and/or the court to determine the validity of the paper. Not only would I want to cover my butt mentally, I want to cover my butt legally. There's way too much inappropriate things going on with such documents if ya know what I mean.

Ok...that makes a whole lot more sense...I was thinking you meant the police, CPS or someone like that. I do think though that you might be going a little overboard on the CYA....but I don't blame you.

However an informal guardianship really is the same thing as a POA for all intents and purposes.

 

[BlondiePB]

Ok...that makes a whole lot more sense...I was thinking you meant the police, CPS or someone like that. I do think though that you might be going a little overboard on the CYA....but I don't blame you.

However an informal guardianship really is the same thing as a POA for all intents and purposes.

Then you are fully aware of the consequences and liabilities of all this on the part of all. There's absolutely no way I as the one being granted such POA would want to face the legal consequences or I as the third party would want to face the legal consequences and liabilities of such an arrangement without having such a document legally reviewed. Knowing what wrath the court can inflict on a court appointed guardian and third parties, you better believe it that I'd much rather have my butt covered than face such legal consequences and liabilities. Enjoyed the discussion, ladies.