Previously, if a parent needed to have their minor child or children reside with a non-parent, the non-parent would need a guardianship to allow the non-parent the proper authority to deal with the minor children’s health care providers and school systems.
The drawbacks included the time and cost it took to obtain the guardianship, and also the actual replacement of the parent’s rights to make decision for their children during the guardianship. Furthermore, it required the Court to both initiate the process and to terminate the guardianship.
Now, a new law has been enacted to allow a parent to provide a caregiver concurrent authority to make educational and health and medical related decisions for their minor child. The law provides that the parents can specify any actions that the caregiver shall not be able to take and that the parents continue to retain authority to take any and all actions relative to the children’s health care and education. In addition, the parent’s decision supersedes the caregiver’s decision if there is a dispute.
The document remains in effect until the date specified by the parent, which shall not exceed 2-years, and the document can be revoked by the parent at any time. The enactment of this law shall facilitate providing the necessary authority for a trusted non-parent caregiver care for your children’s well-being without the necessity of involving the court and the correlating time and expense that requires.
Todd C. Ratner, Esq.