Site Map Basic Needs Populations

Health
& Illness

Legal MGH
Resources 		Reference Newsletter Excellence Every Day

   

Children & Families

Custody, Child Support & Paternity

Guardianship & Decision-Making

If a parent is able to participate in making their wishes known:

  • Caregiver Educational and Medical Authorization
    • If your child(ren) are living with someone else temporarily, you can share the power to make medical and educational decisions for your child with that person for up to 2 years. The caregiver does not have to become a legal guardian. Nothing has to be filed in court. If you want your child’s caregiver to be able to give permission for medical and educational services for your child, you have to fill out and a Caregiver authorization affidavit. More information at www.masslegalhelp.org/children-and-families/caregiver-authorization.

     

  • Parental appointment of a guardian is for a parent to appoint someone to take care of his or her child in case the parent dies or becomes unable to care for the child while the child is still under 18.  The parental appointment becomes effective when the parent dies or is not able to take care of the child.  Parents can appoint a guardian of minor without having to go to court first and it indicates to the court who the parent would like to be named guardian.
    • Note that certain people may object, or keep the guardianship from remaining in effect:
      • The minor child if over the age of 14.
      • The other parent if their parental rights were not terminated.*
      • A person other than a parent who has had custody of the minor or with whom the minor has resided during the previous 60 days.
    • Notarized Waiver and Consent to Petition for Guardianship of a Minor you can use to appoint a guardian in case of your death - created by Volunteer Lawyers Project
    • More information:
      • Can a parent choose a guardian for their child or agree to the guardianship? A parent can choose a person to be a guardian for their child in case something happens to the parent. A parent can also agree to the appointment of a guardian of a minor by signing a Notarized Waiver and Consent to Petition for Guardianship of Minor form. So can a legal guardian, foster parent, and anyone else who the court has said can make decisions for the child. This guided interview can help you fill out and download the form. This is an important form. If you sign it you give up your right to be told about any required court hearings that have to do with the guardianship case for the child.
      • If a parent agrees to appoint a guardian, does the person they choose get any special preference? Yes. A guardian that a parent chooses or that a previous guardian chooses is the first person the court looks at. The court still makes sure that there is no objection to this person from:
    • Massachusetts Temporary Agent
      • A Temporary Agent is a person that the parents have appointed to carry out their responsibilities concerning the care, custody, or property of their minor child for up to 60 days.The Volunteer Lawyers Project has prepared an appointment form.  The parents sign the appointment in the presence of two witnesses over 18 year old (and a notary public).  The Temporary Agent must accept the appointment in writing. More information at: www.masslegalhelp.org/temporary-agent.

    If a parent is incapacitated, or someone believes they are not capable of caring for the child:

     

    (Note: Standby Guardianship law was repealed- Sections 2A-2H to Chapter 201 of the General Laws allowing appointment of standby and emergency proxies are repealed, effective July 1, 2009. They are replaced by G.L.c. 190B § 5-103 which allows the delegation of parental powers by a parent or guardian to a temporary agent for a period up to 60 days. In most respects this appointment is similar to the appointment of standby guardian proxy under the now repealed G.L.c. 201, § 2B. It allows a parent or parents without court approval to appoint in writing one or more adults as temporary agent for a minor, similar to the “short-term emergency guardianship proxy or proxies” for a minor allowed by G.L.c. 201, § 2B. -See source)

Child Support & Paternity