There are over 2.4 million grandparents in the U.S. who take on primary responsibility for their grandchildren’s care and needs. Many of these children do not have a parent living in the home. In Kansas, nearly 20,000 grandparents report that they are raising their grandchildren. The issue goes beyond just custodial caregivers; more than six million U.S. children, or approximately one in 12, are living in households headed by grandparents or other relatives. Of these, only 20% are in the formal foster care system, meaning that the other 80% who are responsible for the care of their grandchildren receive little assistance. Kansas has over 35,000 children living in households headed by a relative, most often grandparents.
In Part I of this three part series, we address the types of grandparent caregivers and some vital legal options available to non-custodial grandparents. In the two segments that follow, we will explain the grandparent adoption and guardianship process in Kansas, as well as tips for success and resources for grandparent caregivers.
Types of Grandparent Caregivers
There are two essential types of grandparent caregivers: custodial grandparents and “living with” grandparents. The category you fall into as a caregiver will greatly impact your legal rights with regard to your grandchildren.
Custodial grandparents have legal custody of their grandchildren. These grandparents provide daily care and make the important decisions regarding their grandchildren’s care. Generally, these grandparents obtained legal custody because severe problems existed within the grandchild’s nuclear family. With this form of care giving, the focus is generally on the grandchild and providing them with a sense of security.
The second type of grandparent caregiver is the “living with” grandparent. These grandparents do not have legal custody of their grandchildren, but they provide daily care. The parent may or may not live in the home with the child and grandparent. Here, the grandparent focuses on providing an economically and emotionally stable environment for the child, often assisting the parent as well. Without legal custody, the grandparent has few rights with regard to the child and cannot protect the child from a dangerous or unsuitable parent.
Legal Protections Available to Grandparent Caregivers
There are several legal relationships open to grandparent caregivers that will provide them with legal rights concerning their grandchildren of whom they do not have custody. The first is power of attorney.
Power of Attorney for Medical Care or for Child Care
Grandparents or other relatives care for a child on a consistent basis would be wise to obtain a power of attorney for medical care. This document will allow you to obtain emergency medical care in the event the parent is not immediately available. A medical power of attorney form should be signed before a Notary Public and will authorize a designated individual to obtain emergency care only for the designated child. It is a simple means to ensure the child will be able to receive urgent treatment when in the care of the grandparent.
Grandparents who are caring for a child fulltime, such as when the parent is in active military duty, away from the home for extended periods of time, or working away from the child’s residence, may require more extensive legal authority that provided in a medical power of attorney. A power of attorney can be crafted for essential child care requirements, including medical care, enrolling the child in school, applying for public assistance programs, and providing authorization consent slips for school related functions, such as field trips and discretionary testing. This document can be amended, modified, or revoked as the needs of the family evolve.
McDowell Chartered: Assisting Grandparent Caregivers
At the Kansas law firm of McDowell Chartered, we greatly value those many grandparent caregivers that provide vital care, love, and support for their grandchildren. Our Kansas Family Law Attorneys offer a full range of grandparent adoption and guardianship services. We also assist with all legal issues surrounding a grandparent caregiver situation. Call us today at (316) 269-0746 to see how one of our knowledgeable adoption attorneys can help you!
