Delegation of Powers by a Parent

If a parent is temporarily unable to care for their minor child, is a guardianship necessary?  No.

Under Minnesota Statute 524.5-211, a parent, legal custodian or guardian may delegate to another adult person, their powers regarding care, custody or property.  This is done by the parent (legal custodian or guardian) executing a form called a Delegation of Powers by Parent under Minn. Stat. 524.5-211.  This form is only good for a maximum of one year.  A copy of the completed form must be served upon any non-custodial parent within 30 days of its’ execution, unless the non-custodial parent doesn’t have any parenting time or has supervised parenting time, or unless there is an Order For Protection against the non-custodial parent.
In some cases, a full blown guardianship may be necessary.  For example, if the time period that it will be needed is likely to be greater than one year, or if additional powers are necessary (i.e. the power to consent to marriage).  Usually the Delegation of Powers by Parent is meant for temporary situations, like when the parents of a minor are going to be absent for an extended period of time (in jail, in rehab treatment, etc.).

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