Considerations for Writing a Legal Guardianship Document

J. Hirbyand reports:

"Children are under the legal custody, authority and control of their parents until they reach the age of majority. Unfortunately, parents may suffer from a temporary or permanent setback that may lead them to give up their legal control of their children...In order to be good parents, adults must have the capacity to provide the basic necessities. If they cannot, then finding a close relative and giving him or her temporary legal guardianship might be the best idea...The wise parent may cede some authority temporarily or permanently in the best interests of their kids. The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors...If parents do not name a guardian, the courts will find someone offering the most stability, continuity of care and moral environment for the children...The primary function of a legal guardianship document is to transfer parental authority to another party. The document should be a statement opening with the name, phone number, city, state and zip code of the parent(s) with legal custodial authority. Then fill in the name[s] of the children and their birth dates. Next, you should list the party to whom legal guardianship will be handed off...Include the contact telephone number, email, address and relationship to the children. List whether the guardianship transfer will be temporary for a set time period (list the beginning and ending dates), or permanent for the foreseeable future (beginning on such-and-such a date.) The parent giving up custodial rights should wait to sign and date the document in the presence of a notary public. The bottom of the form should include a space for the signing, dating and stamping of the notary public."