QUESTION
What rights will my mother have if I gave her POA over my children?
Asked on Apr 03rd, 2013 on Family Law - Michigan
More details to this question:
If I give my mother power of attorney over my kids, what rights will she have over them and is there anything she cannot do with or for them? Also by giving her power of attorney on my children, does that mean the state cannot take them?
6 ANSWERS
John Arthur Smitten
You need a custody order approved by the court a POA is not good enough.
Answered on Apr 04th, 2013 at 2:38 PM
Divorce Attorney serving Frisco, TX
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Mackoy, Hernandez, Jones and Woods LLP
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A power of attorney won't give her anything in the way of parental rights. That can only be done by court order. No, a power of attorney will have no meaning to the state. I suggest you hire a lawyer.
Answered on Apr 03rd, 2013 at 10:34 PM
It is much better for her to obtain guardianship of the children, that way they are fully protected.
Answered on Apr 03rd, 2013 at 9:58 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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The state can still take your children. Power of attorney over the children does not mean anything without the court granting some powers. If the state is looking to take your children, ask whether your mother can be considered for placement.
Answered on Apr 03rd, 2013 at 9:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You mother can do whatever the POA says she can do. You need to be specific about her authority, e.g. making medical care decisions, schooling decisions, discipline, etc. However, giving her the POA does not mean the State cannot take the children. Her environment may not be good or she may not have the ability to give them the proper care. Also, if the POA is merely a smokescreen to allow you to maintain custody and the State has issues with your care, the State may still continue to proceed to take the children.
Answered on Apr 03rd, 2013 at 9:57 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Giving your mother a power of attorney over your children does not preclude the state from taking actions which it deems appropriate. Also, if there is some issue in may well be that you wish to give your mother guardianship legally and through a cord over the children. Obviously there are other facts which I am not aware of and therefore I must recommend you either call my office or another attorney.
Answered on Apr 03rd, 2013 at 9:54 PM