What is a Temporary Agent?
A Temporary Agent is a person that the parents have appointed to carry out their responsibilities concerning the care, custody, or property of their minor child.
Can anyone besides parents appoint a Temporary Agent?
Yes. A guardian of a minor child can appoint a Temporary Agent for the child.
How long can the appointment last?
Up to 60 days.
How does a parent or guardian appoint a Temporary Agent?
The parent or guardian appoints the Temporary Agent in writing. The Volunteer Lawyers Project has prepared an appointment form. They sign the appointment in the presence of two witnesses over 18 year old. The Temporary Agent must accept the appointment in writing.
When is a parent not permitted to appoint a Temporary Agent?
A parent cannot appoint a Temporary Agent if
- his or her parental rights have been terminated
- he or she has voluntarily surrendered the child for adoption
- a court has ordered that the child be placed in the custody of another person
- the minor child has another living parent whose whereabouts are known and who is willing and able to take care of the child. In this case the other parent can consent to the appointment of a Temporary Agent in writing
Can you terminate or change the appointment?
Yes. A parent or guardian that has appointed a Temporary Agent can revoke (terminate or end) or amend (change) the appointment. They must notify all interested persons that they have revoked or amended the appointment.
Produced by Jeff Wolf (Massachusetts Law Reform Institute) with help from Veronica Serrato (Volunteer Lawyers Project) Created February, 2011