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sla1913

Incarceration of Mother

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I live in Texas. My sister in law was recently incarcerated (January 2016). Her 2 children live with me since October 2015. My question is I currently do not have anything stating I have power of attorney or anything of the sorts for them. What is the best course of action to take on this, whether is be obtaining a power of attorney for the children or going thru CPS to get something for the children?? Any advice would be greatly appreciated...

 

Thank you,

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What exactly is your goal?

 

If it's simply to deal with school and medical issues, your sister-in-law (and/or the children's father, whom your post doesn't mention) can give you a power of attorney (unless something about her incarceration would prohibit that from happening).

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The goal is simple. I need something that would allow myself and my husband to have some type of legal statement or however for it to be saying that we can deal with medical and school issues. The children's father is also incarcerated as well from prior years ago. Will she be able to get this power of attorney through the facility she is at and mail it to me, is that the way it would work? Does the power of attorney have to be notarized? if the children are on any type of state aid what will happen to that when the state aid expires? If I will have to hold the medical insurance on them will a power of attorney be enough to add them to my plan?

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Depending upon why and for how long she is "away", guardianship might be appropriate. Is sis also in TX?

 

 

You can find the law here http://codes.lp.findlaw.com/txstatutes/PB/XIII. I highly suggest hiring an attorney. This is not a DIY, especially with 2 incarcerated parents. You can find general guardianship info here https://family.findlaw.com/guardianship.html

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The goal is simple. I need something that would allow myself and my husband to have some type of legal statement or however for it to be saying that we can deal with medical and school issues.

 

Ok, then the simplest thing to do is get a POA.  However....

 

 

 

The children's father is also incarcerated as well from prior years ago.

 

A POA from your sister-in-law should be sufficient.  However, once dad is out of jail/prison (if he gets out before mom), it's entirely possible that he can take possession of the kids.

 

 

 

Will she be able to get this power of attorney through the facility she is at and mail it to me, is that the way it would work? Does the power of attorney have to be notarized?

 

A POA generally needs to be notarized (you can google to confirm if it's required by Texas law).  It is unlikely that your sister-in-law will be able to arrange for notarization, but I obviously don't know anything about where she is incarcerated.  More likely, you'll have to hire a notary to come with you and visit her.  Needless to say (I hope), you should contact the jail/prison authorities to find out what will be required, and I agree that the circumstances make it advisable to seek advice from a local attorney.

 

 

 

if the children are on any type of state aid what will happen to that when the state aid expires?

 

No way to address this intelligently in the abstract.

 

 

 

If I will have to hold the medical insurance on them will a power of attorney be enough to add them to my plan?

 

Contact your insurer or benefits administrator at work and ask.

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