Is a notarial deed with the parent’s consent to care for the child a sufficient document for legal guardianship?
A notarial deed, which confirms the parent’s signature under the consent to the actual custody of the child, may help to cross the border with a child other than guardians child and to live together with him or her in Poland. The notary only confirms the delegation of actual custody of the child in the form of a declaration. However, according to Polish regulations, such a document does not allow any decisions to be made on matters important to the child, such as medical treatment, going on a school trip, psychological examination, form of education, etc. In Poland, such guardianship (legal guardianship) may be provided only by parents or legal guardians appointed by the court. They are not allowed to delegate their rights and obligations to others. In cases specified in the Special Act, with regard to Ukrainian children who crossed the Ukrainian-Polish border on or after February 24, a so-called temporary guardian can be established. Such a guardian has rights similar to a legal guardian under the general provisions of Family Law. Certainly, such a document will help the court decide on the appointment of the person who holds it as a guardian.