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Designation of Temporary Custodian

Parents of minor children who are planning on traveling away from home for an extended period of time, military personnel who are deploying who have minor children to care for, and parents or guardians who are facing scheduled medical procedures that may involve extended recovery time, may have a need to temporarily delegate parental rights over their minor children.

Delegating Temporary Custody Rights in Minnesota

There are two statutory provisions in Minnesota which allow a parent or guardian to temporarily delegate parental and custody rights over a minor child for a limited time. The process for delegating parental authority to a custodian pursuant to Minnesota Statutes, Chapter 257B is more involved than that identified in Minnesota Statutes, Chapter 524 and requires the approval of a MN court at some point during the process.

The first provision is identified in Minnesota Statutes, Chapter 524 and is as follows:

  • By a properly executed power of attorney, a parent or guardian of a minor or incapacitated person may delegate to another person (for up to 1 year) any powers regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.

The second provision is identified in Minnesota Statutes, Chapter 257B:

A parent or guardian of a minor child may temporarily delegate any powers regarding the care, custody, or property of a minor child (except the power to consent to marriage or adoption) by designating a "temporary custodian" for such minor child. If the parent of a minor child will be unavailable for more than one year, this procedure may be their only option.

Schedule a Consultation

Martin & Wagner, P.A., offers a free ½ hour consultation with our experienced lawyers in the matters relating to designation of temporary guardian.

From our Rogers law office, we provide legal representation to clients throughout the Greater Twin Cities area including but not limited to, Anoka, Buffalo, Elk River, Maple Grove, Minneapolis, Monticello, and St. Michael and other communities within Hennepin County, Stearns County, Wright County, Sherburne County, and Anoka County.

Free Half Hour Initial Consultation

763-425-6330

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