Guardianship and Power of Attorney

Guardianship of a Minor

Guardianship allows parents to suspend their parental rights, and appoint another individual to care for the child. A guardian may consent to the child’s marriage or adoption, is responsible for caring for the child’s needs, and may handle the child’s financial affairs.  After filing a petition requesting that a guardian be appointed to care for the child, the judge must approve the guardian and order the guardianship.  Notice of the guardianship is required to be sent to all necessary parties, including both parents of the child. Typically, both parents must consent to the appointment of the guardian. A judge will only order a guardian be appointed over a parents’ objection in limited circumstances.

If you are interested in establishing guardianship of a minor or challenging a guardianship petition, contact our law office to obtain qualified professional assistance and ensure the well being of your loved one.

Power of Attorney

The custodial parent or parents can give temporary power of attorney to another person so he or she has authority to care for the child. This includes the ability to manage the child’s financial affairs, consent to the child’s medical care, enroll the child in school, and perform other parental duties and responsibilities.  Power of attorney does not give the individual authority to consent to the marriage or adoption of the child.  Typically, a power of attorney can only last six months, but there are some limited exceptions for active duty military members.

Our family law attorneys can explain your options and rights when faced with the issue of how to care for a child under a temporary power of attorney. If you aren’t sure which temporary child care option is right for you, our knowledgeable legal professionals are available to assess the specifics of your case and advise you on how best to care for your child during your temporary absence.