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When Should You Consider a Temporary Guardian for Your Kids?

As a parent, you want to do everything you can to protect your children. But sometimes, life happens and you may not be able to provide for your children's needs. In these cases, a temporary guardianship may be a good option.


A temporary guardianship is a legal arrangement that gives someone else the authority to make decisions about your child's care and well-being for a short period of time. Powers can include general care, medical or dental emergencies, and school enrollment. These can be done inside or outside of court, depending on the circumstances. A temporary guardianship can be a helpful option in a variety of situations, such as when you are unable to care for your child due to illness, injury, or other unforeseen circumstances.


children rolling out cookies as an adult watches from the kitchen

In Kansas, there are a few specific situations when you may want to consider creating a temporary guardianship for your kids. These include:

  • When you are going to be out of the country for an extended period of time. If you are going to be deployed overseas or traveling for work for several months--or even if you are taking a short trip out of the country by plane or boat--you may want to consider appointing a temporary guardian for your children. This will ensure that someone is able to make decisions about their care and well-being while you are away.

  • When you are going through a court case. If you are going through a trial as a party, jury member, or material witness, you may want to consider appointing a temporary guardian for your children. This can help to ensure that your children's needs are met during this difficult time, or in the event you are incarcerated, sequestered, or placed in protective custody.

  • When you are facing a serious illness or injury. If you are facing a serious illness or injury that will prevent you from caring for your children, you may want to consider appointing a temporary guardian. This will ensure that your children are in good hands while you are recovering. This can be done even if your children are physically staying with you at home but they need extra help attending appointments or going to school.

It is important to note that a temporary guardianship is not a permanent solution. It is only meant to be in place for a short period of time, until you are able to resume care of your children. If you expect to be in a medical situation from which you will not recover, or if you will likely be incarcerated until your children reach the age of majority, you might need to explore a more permanent or court-ordered solution.


Most temporary guardianships (particularly with a known end date) can be accomplished on paper as an agreement between parties. If you are considering creating a temporary guardianship for your kids, it is important to speak with an attorney to discuss your specific situation. An attorney can help you to understand the legal requirements for temporary guardianship in Kansas and can help you to appoint a guardian who is in your children's best interests.


Here are some additional things to keep in mind when considering a temporary guardianship:

  • The guardian must be someone who you trust and who is willing to take on the responsibility of caring for your children. This may or may not be the same person you name in your Will as the appointed Guardian.

  • The guardian must be willing to follow your instructions regarding your children's care. You should not leave your children with anyone who cannot exercise reasonable care.

  • The guardian must be able to provide for your children's physical and emotional needs. In some cases, you may find yourself out of commission for longer than anticipated. Choose a person who can deal with unforeseen circumstances well.

  • Make sure the guardian knows who is your Executor or Trustee, lawyer, and Power of Attorney in case of disaster. If they are not the ultimate Guardian named in your Will, make sure they know who is so there is no argument if you fail to return.

If you are considering a temporary guardianship for your kids, it is important to weigh the pros and cons carefully. Temporary guardianship can be a helpful option in some situations, but it is important to make sure that it is the right decision for your family. Contact Murphy's Law LLC and I can help you decide whether a court-appointed temporary guardian is necessary. In most cases, temporary guardianship documents outside of court can be provided at a low, flat fee right away.


This post is created with assistance from Bard, an AI solution from Google.

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