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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9913
Experience:  Experienced Family Law Attorney
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We have been caring for a child for the last 9 months that

Customer Question

We have been caring for a child for the last 9 months that is not ours and not related by blood. The mother signed and had notarized a temporary guardianship form giving us temporary guardianship of the minor. Is this form sufficient for daycare and health insurance purposes? We have not gone to court nor filed anything with the courts.
JA: Since laws vary from place to place, what state is this in?
Customer: Mississ
JA: Have you talked to a lawyer yet?
Customer: MS
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not in over a year. At that time were thinking of taking the child but she has since asked us to care for the child.
Submitted: 6 months ago.
Category: Family Law
Expert:  LegalGems replied 6 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 6 months ago.

Thank you for your question; unfortunately only a court can appoint a guardian for a minor child; the reason for this is that the court will need to provide an order of guardianship, so that the guardian has legal authority to act on behalf of the ward. Otherwise the third party cannot enroll the child in school.

There is an exception for kinship care, when there is a hardship exemption which requires immediate guardianship and this is authorized by code 37-15-9.

Please see also 37-15-11 which allows the school to require the parent/legal guardian to accompany the child:

Whenever any minor child seeks or applies to enroll or gain entrance to any public school in this state, and the child is not accompanied by an adult or is accompanied by an adult who is not the child's parent, guardian, if a legal guardian has been appointed for the child, or legal custodian, the school official or officials or teacher to whom the child applies or reports for enrollment or admission may delay consideration of the enrollment or enlistment of the minor child and require the child's parent, legal guardian or legal custodian to accompany the child and apply for enrollment and admission into the school for and on behalf of the minor child.

The reason for the legality is because the guardian has a fiduciary duty and there are general accountings required, in addition to the court verifying that the guardianship is in the child's best interests.

For health care, a parent can execute a power of attorney allowing a third party permission to authorize medical procedures.

If one decides to petition the court for guardianship, it is usually granted if the parents do not object.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 6 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

Expert:  LegalGems replied 6 months ago.

I will be out of the office for the next several days on a personal leave; if you have any questions on the above please post here today and I will respond; otherwise I will respond as soon as I return.

It has been a pleasure to assist. If the information has been useful kindly rate positive so the site may credit my account for my time spent assisting you. Thank you.