Imagine a client who is a single parent. That parent could be a business person with significant travel duties, it could be a military service member who may be away for long periods, back again for a short leave, then gone again. The children are with a third party caregiver, but the parent doesn't want to weaken his or her parental authority by using a guardianship.
But the third party caregiver needs to have authority to enroll the children in school, sign permission slips for class trips, schedule and attend doctor, dentist or other appointments, make medical and education decisions, and so forth. How does a family lawyer accomplish this?
Most states have statutes that allow a parent to execute a document called a "Delegation of Parental Powers" or "Delegation of Parental Authority." Be aware that these are usually time limited. They expire, unless renewed, after a specific period of time. (In Michigan, it's a 6-month time period). Be sure to add a durability clause as one would with a power of attorney. Otherwise, the Delegation might lapse due to an accident or injury causing incompetency that renders the parent unable to renew prior to lapse.
Unless a standby guardian has been designated, a parent who has been appointed guardian of his or her child with a developmental disability may appoint a guardian in his or her will. MCL 330.1642(2). The appointment becomes effective after the parent’s death on the guardian’s filing an acceptance of appointment with the court that appointed the parent guardian. If the nominated person is to act as guardian of the estate, he or she should also file a bond in the amount last required of the deceased guardian.
A General Delegation of Parental Powers is here: Download MI.Delegation_of_Parental_Authority
One suitable for military servicemembers is here: Download Delegation_of_Parental_Authority.Military (Joint Legal) for Travel Companion
A rather old (2000) Chart on the website of GrandFamilies.org has a chart showing the stand-by guardianship status of 18 states that, at the time, had statutes for instituting a standby guardian.
