## Temporary guardianship of a minor in New Mexico **Temporary guardianship** lets a parent authorize another trusted adult to make medical, educational, and day-to-day decisions for a minor child for a limited time — without ending parental rights. ## Common reasons for temporary guardianship - **Military deployment** — Family Care Plans require it - **Medical emergency** — parent hospitalized / incapacitated - **Travel / extended business trip** - **Substance abuse treatment** — temporary placement during rehab - **Education** — child living with grandparent during school year - **Foreign exchange / boarding school** - **Incarceration** — short-term - **Child living temporarily with relatives** for stability reasons - **Foster relative placement** ## Two main paths **1. Notarized parental authorization affidavit.** Most states allow parents to sign a notarized form authorizing a specific person to: - Consent to medical care - Enroll child in school - Make day-to-day decisions - Travel with the child (sometimes) Generally accepted by schools, doctors, and dentists. Sometimes called a **Caregiver Affidavit** or **Designation of Standby Guardian**. State-specific forms. **2. Court-ordered temporary guardianship.** Filed in family / juvenile / probate court: - Parental consent typically required (but not always) - Court order has more weight - Can specify time period - May be necessary for major decisions (surgery, public assistance, school discipline) - Can be open-ended ("until further order") or fixed term ## Standby guardianship Many states have specific **standby guardianship** statutes for parents with serious illness: - Parent designates guardian who takes effect on triggering event - Triggering event: parent's incapacity, death, or specific signed consent - Allows parent to plan ahead while retaining custody - Common for parents with cancer, HIV, terminal illness ## What temporary guardianship typically authorizes - Medical / dental decisions - School enrollment + records access - Day-to-day care decisions - Travel decisions - Communication with parent - Discipline (within reasonable limits) - Religious practice (consistent with parent's wishes) ## What it typically does NOT authorize - Major surgery (some states require court order) - Adoption or termination of parental rights - Changes to legal custody - Marriage of minor - Joining military - Long-term moves out of state - Changing the child's surname ## Required documentation **Parental authorization form** typically requires: - Parent's full name + signature - Designated guardian's full name - Child's full name + DOB - Specific powers being granted - Time period - Notary acknowledgment - Sometimes 2 witnesses **Court guardianship petition** requires: - Filed petition with court - Notice to other parent (if living) - Notice to child (if old enough) - Background check on proposed guardian - Sometimes home study - Hearing - Court order ## Who can be a temporary guardian Most states require: - Adult (18+) - No felony / child abuse conviction - Capable and willing to serve - Generally a relative or close family friend - Sometimes a court-vetted nonrelative ## When parental consent isn't required Court can grant guardianship without parental consent when: - Parents are unfit / abusive / neglectful - Parents have abandoned the child - Parents are incarcerated for extended periods - Parents are deceased / missing - Best interests of child clearly require it These cases involve more procedural protections (notice, hearings, often counsel for parents). ## Termination Temporary guardianship typically ends when: - Specified time period expires - Parent revokes (in most cases) - Parent demonstrates ability to resume care - Court terminates (after hearing) - Triggering event ends (e.g., parent returns from deployment) - Child reaches age of majority ## Differences from custody / adoption - **Custody** — long-term legal arrangement; ends parental rights only in extreme cases - **Adoption** — permanent termination + transfer of parental rights - **Foster care** — state-supervised placement after CPS involvement - **Temporary guardianship** — non-permanent; preserves parental rights ## What you should do If you need temporary guardianship in New Mexico: most situations resolve with a notarized affidavit (county courthouse / online forms / state DCFS website). For sensitive situations (medical decisions, contested), file a court petition. Most New Mexico family-law attorneys offer flat-fee guardianship work or free / low-cost legal aid for emergencies. --- *This guide is general information about New Mexico law as of early 2026 and is not legal advice. Temporary-guardianship procedures vary. Talk to a licensed New Mexico family-law attorney about your specific situation.*