Legal Guardianship Plan

LEGAL GUARDIANSHIP PLAN

This Legal Guardianship Plan ("Plan") is made and entered into on by and between Designating Party: whose primary address is , and Appointed Guardian: of (each a "Party" and collectively the "Parties").

This Plan is established for the care, custody, and decision-making for the minor child(ren) identified below: Child(ren) Name(s): Date of Birth:

RECITALS

WHEREAS, the Designating Party is the parent/legal guardian or the person legally authorized to make guardianship decisions for the minor child(ren) named above and desires to provide for the temporary or contingent care of the minor child(ren) in the event of incapacity, absence, disability, or other circumstances rendering the Designating Party unable to exercise parental duties; and

WHEREAS, the Appointed Guardian has agreed to accept appointment and to assume the responsibilities and duties set forth in this Plan in accordance with applicable law; and

WHEREAS, the Parties intend this Plan to set forth the scope and limits of the Appointed Guardian’s authority, to provide guidance to third parties and institutions, and to memorialize the Parties’ mutual understanding of the guardian’s powers, subject to applicable court approval where required.

NOW, THEREFORE, in consideration of the recitals above and the mutual covenants contained herein, the Parties agree as follows:

1. APPOINTMENT

The Designating Party hereby nominates and appoints the Appointed Guardian as legal guardian for the minor child(ren) named in this Plan to act in the stead of the Designating Party for the purposes set forth herein upon the occurrence of any triggering event described in Section 4. The Appointed Guardian accepts such appointment, subject to the terms and limitations of this Plan.

2. SCOPE OF AUTHORITY

The Appointed Guardian shall have the authority to make the following decisions on behalf of the minor child(ren). Select all authorities granted:

Medical and health care decisions, including emergency treatment, routine care, immunizations, hospitalization, and consent to medical procedures, subject to Section 3 below.
Enrollment, attendance, disciplinary matters, and educational program decisions, including selection of schools and extracurricular activities.
Routine financial decisions necessary for the care and support of the minor child(ren), including receipt of funds intended for the child(ren) and payment of ordinary expenses; no authority to encumber or alienate real property without separate written consent.
Authorize domestic and temporary international travel with the minor child(ren), including execution of travel consent documentation as reasonably required.
Access to educational, medical, and other records to the extent permitted by law.

3. LIMITATIONS AND SPECIAL INSTRUCTIONS

The authority granted to the Appointed Guardian shall be exercised in the best interests of the child(ren) and is subject to the following limitations, authorizations, and instructions:

The Appointed Guardian shall not authorize any elective major medical procedure or consenting to sterilization without prior written consent from the Designating Party unless immediate action is required to preserve life or prevent serious harm.

4. TRIGGERING EVENTS; TERM; TERMINATION

This Plan becomes effective upon the occurrence of any of the following triggering events: the Designating Party’s incapacity, death, prolonged absence, or written declaration that the Plan shall take effect. Describe triggering event, if different:

Unless earlier revoked or superseded by a court order, this Plan shall remain in effect until the minor child(ren) attain the age of majority or until terminated in writing by the Designating Party with notice to the Appointed Guardian.

5. DUTIES OF THE APPOINTED GUARDIAN

The Appointed Guardian shall exercise reasonable care, maintain records of material decisions and expenditures, provide periodic reports to the Designating Party or the Designating Party’s designee, and consult with the Designating Party when feasible. The Appointed Guardian shall not commingle funds of the minor child(ren) with personal funds and shall account for receipts and disbursements promptly upon request.

6. CONSENT TO MEDICAL TREATMENT

To the extent authority is granted in Section 2, the Appointed Guardian is empowered to provide or withhold consent for medical, dental, psychiatric and psychological care and treatment of the minor child(ren). The Appointed Guardian shall make such decisions in accordance with accepted medical standards and the child(ren)’s best interests.

7. EDUCATION AND RECORDS

The Appointed Guardian shall have authority to access educational records and to enroll the child(ren) in school and extracurricular programs consistent with the child(ren)’s needs. The Appointed Guardian shall make reasonable efforts to consult with the Designating Party regarding significant educational decisions.

8. FINANCIAL MATTERS

The Appointed Guardian may accept funds intended for the care of the minor child(ren) and make routine expenditures for their support. Any authority to open bank accounts, manage investments, or receive substantial funds must be expressly granted in writing by the Designating Party or ordered by a court.

9. REIMBURSEMENT; COMPENSATION

The Appointed Guardian shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred in the performance of guardian duties. Compensation for guardian services, if any, shall be as follows:

10. RESIGNATION; SUCCESSOR GUARDIAN

The Appointed Guardian may resign by providing thirty (30) days written notice to the Designating Party (if available) and to any court of competent jurisdiction. The Appointed Guardian shall take reasonable steps to transfer custody and records to a successor guardian appointed by the Designating Party or by court order.

11. NOTICES

All notices required or permitted under this Plan shall be in writing and delivered to the Parties at the addresses set forth below or other addresses provided in writing. Notices shall be effective upon personal delivery or three (3) days after deposit in the United States mail, postage prepaid.

12. COURT ACTIONS; LIMITATION OF LIABILITY

This Plan is intended to guide voluntary guardianship actions and to provide third parties with evidence of the Parties’ intent. It does not itself constitute an application for court appointment of a guardian; court intervention may be necessary to obtain legally enforceable guardianship authority in some jurisdictions. The Appointed Guardian shall not be personally liable for acts performed in good faith reliance on this Plan absent gross negligence or willful misconduct.

13. MISCELLANEOUS

Governing Law: This Plan shall be governed by and construed in accordance with the laws of the state specified below.

Entire Agreement: This Plan constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior oral and written agreements and understandings.

Severability: If any provision of this Plan is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Amendments; Waiver: No amendment or waiver of any provision of this Plan shall be effective unless in writing and signed by both Parties. The failure of a Party to enforce any provision shall not constitute a waiver of future enforcement of that or any other provision.

Counterparts: This Plan may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

ACKNOWLEDGMENT

The Parties acknowledge that they have read and understand the terms of this Plan, that they enter into it voluntarily, and that they may seek independent legal advice prior to execution. The Parties further acknowledge that certain authorities set forth herein may require court approval or additional forms to be effective under applicable law.

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