Finally… a vacation without the kids! Sunscreen? Check! Sandals? Check! Significant other? Check!  Have you checked all the boxes on your to-do list?

What if something happens to the kids while you are away?  A family member is watching the kids—so you have nothing to worry about, right? But, then you get a call in the middle of the night that your daughter is hurt or sick. What to do?

You know that your loved one will care for your children as if they were their own, but can they legally make decisions about care that may arise?  The answer is no, unless they have a temporary guardianship.

Always add creating a temporary guardianship to your to-do list when you are leaving the kids with others.  When you leave a notarized “Consent for Medical Treatment and Temporary Custody of a Minor Child” form with a caregiver, you can go on that trip without worry.  A temporary guardianship document establishes the following:

  • Legal authority for the temporary guardian for your child; for up to six months.
  • Protection for the temporary guardian from liability for “any accident, injury, or sickness” occurring during the time the guardian is caring for the child, “except to the extent that such accident, injury or sickness resulted from the negligence or intentional misconduct” of the guardian.
  • The Custodian in turn agrees to use their best effort to ensure the safety of your child, but will not be held responsible/liable for any complications that occur while the guardian is exercising their “best efforts.”
  • The guardian has full authorization to administer medical care and emergency care. Express parental/guardian consent will allow all individuals named to have access to medical information concerning the child, pursuant to Federal HIPAA laws.
  • A discipline clause granting consent to allow the Custodian to use discipline as deemed necessary (You can even list any special instructions for the caregiver).

Be sure that all your bases are covered and enjoy that vacation with complete peace of mind! The beach the mountains, the spa…await!

 

Talk to attorney John Skabelund at Davis Miles McGuire Gardner about creating a temporary guardianship to establish the caregiver’s right to seek help for your child BEFORE you hit the road this summer.