Please read all of this information and learn everything you can before deciding to seek a guardianship. The natural guardians are responsible for the child's care, custody, control, services and earnings until the child turns 18.īut what can you do if the natural guardians are not able to take care of the child? How can you help that child? One way is to become the child's legal guardian. Under Maine law, the biological or adoptive parents of a child are the natural guardians of that child. Some people find it easier to have a legal guardianship since it is an official court order.NOTICE: Probate Forms GS-101 (Petition & Child Custody) IntroductionĪre you worried about the health and safety of a child you love? You may need to educate staff about them. But sometimes staff aren't familiar with them and may be hesitant to accept them. Schools and medical facilities are required by law to accept the Caregiver’s Authorization Affidavit. You decide it's easier to have a court order that others have to follow. Make sure you have the child's health insurance information. Most insurance companies will not add someone else's child to your insurance policy unless there's a court order (like a guardianship). You want to add the child to your health insurance. In a guardianship, parents must ask a judge to end a guardianship. Parents can cancel these authorizations at any time, and you will no longer have any rights. You're worried about the child's safety if the parent cancels your rights. A power of attorney for child care is unusual, and providers may not be familiar with it. And even if you do everything right, it’s possible that a service provider will refuse to recognize your authority. It’s a good idea for you and the parents to consult a lawyer. Even though it might look simple, there are quite a few technical requirements for completing a valid power of attorney. This agreement or power of attorney is not a court form, but you may be able to find a form online. In addition, a parent can cancel this agreement or power of attorney at any time. Only a court order, like a guardianship, can take legal custody from a parent and give it to another person. The parents will keep legal custody and all their rights to make decisions about the child’s life, too. This agreement can give you rights to care for the child, but it will not give you legal custody over the child. For example, the parent might want to give you the right to make decisions about the child's medical care, and education, but not the right to change the child’s residence or consent to the child’s marriage. You will not have the right to make any decision that is not listed. The agreement must list each decision you are authorized to make in writing. In this agreement, a parent can give you the right to make any decision for the child that a guardian would be able to make under the law. The parents may want you to sign the form, too, to make sure you accept the duty to care for their children. For example, if the parents will be away for work, in jail, or getting medical treatment. Parents can sign a written agreement (technically called a “power of attorney”) giving you the authority to care for their child if they know they will not be able to take care of the child temporarily. If you’re concerned that a service provider won’t accept a Caregiver’s Authorization Affidavit because it’s not signed by the child’s parent, there’s another option. Written Child Care Agreement: You and the parents sign papers giving you rights You must let the school and health care provider know if the child moves out of your home. And it's not valid if the child no longer lives with you. You must sign a new Caregiver's Affidavit each year.
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