How to Write a Legal Guardianship Document

Last updated on March 16, 2023

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Often, parents face challenges that leave them incapable of catering to their kids. Sometimes, it could be that they fell ill or that their spouse - who was majorly the breadwinner died.

As a result, they couldn't keep up with catering to their kids. In that case, they might find that the best option is to let a guardian cater to their child.

If that's the case, you'll need to know how to write a legal guardianship document. Keep reading to learn all you should know about it.

Guardianship Letter: All You Should Know

Let's start with understanding what a guardianship letter is about.

It is a legal document that pronounces a trusted individual as a caretaker for an adult or a minor. Basically, the individual that has been made the guardian assumes parental responsibility and the right to oversee the other person's life.

Now, the recipient could be a child or an adult. In the case of a child, the parent hand over the right to care for, cater and make crucial decisions that are beneficial to the child. If the recipient is an adult, they are usually older people incapable of caring for themselves.

There are different reasons why parents would need a guardianship letter for their child. For instance:

• If both parents would be physically absent - like going on a compulsory trip for a while, guardianship could come in handy to protect their child until they get back.
• It is also useful for parents incapable of taking care of their kids.

Before creating a guardianship letter, you could consider reaching out to a lawyer to create one for you. Keep in mind that you'll have to pay the lawyer to create the document for you. The price for a guardianship document varies based on the lawyer's experience.

Check out the table below to get an idea of the amount you'll expect to pay a lawyer to create a legal guardianship document for you.

How to Write a Legal Guardianship Document

If you've gotten a lawyer to help with drafting the guardianship document, the next steps will be for you to fill in the details.

On the other hand, if you want to write a legal guardianship document yourself, the following are the steps required to follow:

1. The Who and Approval

Determine who you want to hand over the care of the child to. Remember, the subject could be a minor or an adult. You have to decide who the guardian would be.

Then, get the approval of the guardian. Your choice of guardian must be mentally fit and equipped in other aspects. They should be stable enough and capable of taking the role of guardian for your child.

2. Create the Document

The next step is to create the document. Start by giving the document a title. An excellent and common title is "Affidavit of Temporary Guardianship."

3. Highlight Intentions and Name the Guardian

Next is to spell out your intention to name a particular person the guardian of your child (or an adult). Ensure you use the proper pronouns while stating this. Also, you must get the name of the prospective guardian right to avoid mistakes.

4. Empower the Guardian as a Key Decision Maker

After making your intentions known, move on to empower the guardian to make decisions for your child or the adults. Use words like "shall" to boldly declare this decision.

You can also grant the guardian permission to allow your kid to participate in certain things like going on a school trip, or any other activities.

5. Include Condition for Termination of Guardianship

It is important to include conditions for terminating the guardianship. For instance, temporary guardianship can be terminated when the parents of the minor can be physically present to resume their parental responsibilities.

6. Add Your Name

Write your name at the end of the document and add your spouse's name (if applicable). Leave a space for your signature and that of your spouse (if applicable). Also, create a signature space for the notary public to sign and add their details.

7. Print and Notarize the Document

Print the document and take it to the notary public. When you get there, add your signature and the date in the presence of the notary. If your spouse has to fill in their name and signature, it has to be in the presence of the notary too.

8. Keep a Copy of the Document

Once it has been notarized, make a duplicate copy of the document for yourself and the guardian.

FAQs: How to Write a Legal Guardianship Document

How Do You Get Legal Guardianship of a Child?

If you're not the biological parent of a child, there are two ways to secure legal guardianship of the child. The first is to be named as the guardian and caregiver of the child by the parent in a will. The other method is to be declared as the child's guardian in court.

Does a Legal Guardian Have Parental Responsibility?

Generally, the legal guardian has parental responsibility for a child. The idea of making them guardians is for them to protect, care and nurture the child till they can fend for themselves or until their parents can are able to look after them.

Who Can I Appoint as a Guardian?

You can appoint anyone as a guardian to your child as long as the individual is 18 years or older, resides in the Unites States, and has no criminal record of child abuse of neglect. A guardian could be a family member, friend, working professional, among others.

What Reasons Would There Be for a Parent to Use a Legal Guardianship Letter?

A parent may use a legal guardianship letter to hand over their parental responsibilities to someone they trust. Usually, it happens because the parent is not capable of raising their child.

Conclusion: How to Write a Legal Guardianship Document

Now that you know how to write a legal guardianship document, you can hand over the care of your child to a trusted individual who can better cater to their needs. But be certain that the guardian in question has the child's best interest.

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