I work in a hospital Risk Dept. A patient’s mother called upset because she has her daughter’s 4 yr. old/grandchild and the Mom is in a mental health facility. She has no paperwork legally for the child and mentioned she may check into being the child’s guardian. I suggested speaking to an attorney or go to court to see if they have info packet about guardianships. My boss said I incorrectly gave “legal advice”.
If all you did was suggest talking to an attorney, you did not give legal advice. In most states you could have also handed her a form of Temporary Power of Attorney for Our Minor Child(ren), which both parents can sign, allowing someone to register the child in school, take the child to the doctor, etc. Often these are available online. But you are right to be cautious about giving legal advice. Our laws vary from state to state. Their application varies from one situation to the next. In addition, there may be complicating factors or ancillary considerations which an attorney could tease out. Without regularly practicing in a certain area of law, it is hard to know what those might be.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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