What Exactly is a Legal Guardian Authorization Letter?
A legal guardian authorization letter is a document that gives the authority to act on behalf of a minor child or an incapacitated person. The letter has different meanings based on the type of legal guardian involved. For a parent, it gives authority to an individual when he or she is not present for an extended amount of time.
Custodial parent: A custodial parent who is going to be away may wish to give that power of authority to another parent or individual on a temporary basis to ensure the child’s needs will be met and there is a point of contact for school officials, medical personnel , and law enforcement.
Non-custodial parent: A non-custodial parent may wish to obtain a letter before a trip or while serving in the military to provide to schools and officials. The letter outlines the acceptance of responsibility for the child whether on a short or long-term basis.
Stepparent or relative: A stepparent or relative may be in a situation where they must alter a child’s schedule. In these situations, it is best to provide officials with something in writing so that they can avoid delays in providing the proper care.
Special circumstances: Unfortunately, in some cases, there is a parent who creates no-contact situations for children. A legal authorization gives caregivers or relatives the ability to communicate with authorities if such a situation arises.
When Does a Guardian Authorization Letter Come in Handy?
In many cases, a legal guardian authorization letter is required to allow a legal guardian to act fully in the best interests of a child. The most common reasons for requiring a guardian authorization letter includes:
Travel Consent
A legal guardian must provide written consent to a travel company for a child to travel out of the country. Without this letter, a child will not be allowed to cross international borders.
Medical Decisions
Parents are usually presumed to be able to make medical decisions on behalf of their children. However, once a child reaches an age of reasoning or maturity, their parents may be required to seek treatment for them and obtain consent. For example, if a child falls off a bicycle, they may need immediate medical attention but will be too dazed to give their consent. If parents cannot be contacted, this lack of consent can result in the child not receiving the necessary treatment. Obtaining a medical consent letter in advance turns over the responsibility for consent to a legal guardian.
Sports and Recreational Activities
Many parents are asked to provide a written consent on their child’s behalf for participation in sports and recreational activities. This consent is not always legally binding and generally is considered an attempt to do the right thing. For example, a legal guardian of a child may be required to provide a consent letter for the use of images of the child by a youth sports team. A legal guardian authorization letter provides permission for the child to participate in adult supervised recreational events.
Necessary Elements for a Guardian Authorization Letter
When it comes to making legal decisions on behalf of a minor or a person with disabilities, nothing is more reassuring than having a legally binding authorization letter. In broad strokes, a legal guardian authorization letter is a document that grants the guardian the authority to make decisions in critical areas on behalf of a ward. To give you a better idea of what this entails, here is a brief overview of the essential components you should account for when drafting a legal guardian authorization letter.
In order to be considered legally binding, a legal guardian authorization letter must include specific information about both the guardian and the person they are caring for. To this end, the following details are typically essential:
While the details mentioned above are usually a requirement for a legal guardian authorization letter, there are other components that can be added to further reinforce its legitimacy. For example, a legal guardian authorization letter should include a clause that explicitly states the responsibilities of the guardian in caring for the ward in question. This may include details such as day to day care, medical and/or financial decision making, and other various responsibilities. Furthermore, the document should establish their authority in resolving issues and acting in the best interest of the ward.
As is the case with most legal documents, a legal guardian authorization letter isn’t worth the paper it’s written on if it doesn’t contain the right information. Aside from the individual and/or ward information, it’s crucial that the letter includes the guardian’s name, date of birth, and address. It should be noted that a legal guardian may be an individual or an organization. As such, take care to avoid leaving any details out.
The next most important element of a legal guardian authorization letter states what the guardian is authorized to do on behalf of the ward. This is crucial, as it lays out the specific duties they’re expected to attend to. Some of the most common components of a legal guardian authorization letter pertain to:
Finally, specify how long the authorization will remain in effect. In most cases, guardianship will last until the child turns 18 years of age. However, for individuals with mental or physical incapacity, or those suffering from conditions such as slow cognitive decline or Alzheimer’s disease, a guardianship may remain in effect indefinitely.
It’s generally recommended that you have a lawyer help draft up a legal guardian authorization letter. This will help ensure that your document contains all the necessary information for it to hold up in a court.
How to Prepare a Legal Guardian Authorization Letter
Clarity: State your intentions clearly and unambiguously, and avoid using ambiguous terms. Identify the basis for the authority you are granting your guardian in case it needs to be remodelled in the future.
Language: Use clear language to avoid misinterpretations. In the event of a dispute, in court, there might be confusion over how to interpret these statements. Ask yourself why are you giving powers to this relative, and include that language in the letter to maximize certainty. For example, if your child has a medical condition which warrants the need for a legal guardian, mention the specific medical condition.
Specificity: Be as specific as possible with your written authorization. For example, if you’re giving authority to travel with your child, you should specify the destinations.
Inform: Inform your guardian about your wishes.
Dates: Make sure that you specify when the letter comes into register and when it expires. If you intend to create a durable power of attorney, write a statement that it will last indefinitely or until revoked.
Notarization: Ensure that you properly authenticate the letter. Sign your name (without your initial) and record it in chronological order after completing it.
Legality: In most states, your legal guardian authorization letter must be approved by a local authority. It is recommended that you have the letter approved by a court of law or verified by a notary public.
Registration: Where applicable, register the letter with relevant local authorities and organizations.
If you are in doubt about whether your authorization letter is legally enforceable, consult an attorney for professional advice.
Legal Considerations and Common Errors
When it comes to the legal aspects of a guardian authorization letter, there are a few key considerations to keep in mind. First and foremost, it is crucial that the letter is read and understood by all parties involved before it is signed. Failing to do so can lead to problems in the future if there are questions about what actions the agent is authorized to take on behalf of the principal.
Additionally, it is important to note that a guardian authorization letter must be signed in the presence of a qualified witness in order to be considered legally binding. A qualified witness is someone who is not named in the document and has no financial interest in the document being executed. This witness then signs the document on your behalf, though you must be present during the signing. Without this qualified witness, the document may be deemed invalid .
Perhaps the most common mistake people make when executing a guardian authorization letter is failing to use the correct forms. While there is no specific form that must be used, it is important to ensure that the letter contains all of the necessary information and adheres to the laws in your particular state.
Mission creep can also be a problem, especially if the terms of the document are vague or general. Be sure to be as specific as possible about your wishes and the powers that you are granting to the agent.
Finally, one of the biggest potential pitfalls is failing to communicate your wishes to the correct individuals. While it is best to keep this document private to control who will be reading it, you should outline the appropriate individuals who should be given a copy of the authorization letter.
Taking the time to meet each of these considerations will help ensure that your authorization letter will remain viable, enforceable and legally binding.
Tailoring your Authorization Letter to Your Unique Circumstances
While a legal guardian authorization letter should cover general terms, such as the types of actions that are authorized and the duration of the authorization, it may also be necessary to tailor the letter to certain situations. If your child is traveling abroad or if you are sending him or her off to camp, the letter should include an authorization for the guardians to consent to medical treatment for injuries or illnesses. You may also wish to ask the guardians to agree to contact you in the event of a medical emergency. Many health care providers will want a copy of the letter and it is a good idea for your child to have a copy with him or her as well.
For travel abroad, it is important for your child to have copies of documentation showing he or she has permission from both parents to leave the country. The United States Department of State has a sample letter on its website that you may use as a guide for drafting the authorization letter. A letter for a child traveling overseas must contain the child’s name, birth date, passport number and any other relevant identifying information. The authorized guardian should also provide his or her name, as well as any other information required by the country in which the child is visiting.
If your child will be away at school, think about other situations in which they may need authorization from a guardian. For example, do the guardians have permission to enroll the child in summer school, sign him or her up for school sports or allow him or her to participate in other extracurricular activities? For children who will be away at school, the letter should specify which types of activities are authorized.
Some states require guardians to obtain court approval for certain actions, such as enrolling a child in high school, purchasing or selling real property, obtaining an auto loan, or making decisions about the child’s medical care. In these cases, the letter might contain language saying that the guardians shall first seek court authorization before engaging in the specified conduct likewise.
Verification & Preservation of Your Authorization Letter
The process of validating a legal guardian authorization letter typically involves having the document notarized. Notarization signifies that you have verified your identity and established your authority to make decisions on behalf of the minor child. The notary will witness your signature and affix an official seal to the document, indicating that the process has been officially carried out.
In some cases, you may be required to provide additional documentation along with your authorization letter to demonstrate that you are the legal guardian. This may include a birth certificate, a court order establishing guardianship, or similar evidence. The requirements can vary by state or by the entity that requires the authorization letter for its records.
Once notarized and validated, your legal guardian authorization letter should be stored in a safe, secure place. You’ll want to ensure that only you or another trusted individual has access to the document . A locked safe, a password-protected digital document, or a secure online storage solution such as an encrypted cloud service can help you keep the document secure.
It’s also a good idea to make several copies of the authorization letter, and store these copies in different, secure places. For example, if you are travelling with the child for an extended period of time, you can provide the school or camp where your child will be staying with a copy of the authorization letter.
Finally, you should let your child’s other parent or other family members know where the authorization letter is stored, so that they can access it in case of an emergency or if they need to present it on your behalf. It’s also a good idea to inform your child’s doctor or other healthcare providers about the existence of the authorization letter, so that they can maintain a copy with his or her medical records. This will help establish your authority to make medical decisions on behalf of your child and ensure that your child receives the appropriate medical care that he or she needs.