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lgree1223

Power of Attorney vs Temp Guardianship of Grandchildren

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I am the maternal grandmother of 2 minor children and the parents are about to be displaced and want to ensure that the children (if needed) could come to me should they become homeless or incarcerated, ect. Without relinquishing their parental rights, what should we file for? Power of Attorney or Temp Guardianship?

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1 hour ago, lgree1223 said:

I am the maternal grandmother of 2 minor children and the parents are about to be displaced and want to ensure that the children (if needed) could come to me should they become homeless or incarcerated, ect.

 

Your daughter and her husband are free to allow their children to live with you at any time.  Why are they going to be "displaced," and what exactly does that mean?  You mentioned incarceration, so can we assume that they did or may have committed one or more crimes?

 

 

1 hour ago, lgree1223 said:

Without relinquishing their parental rights, what should we file for? Power of Attorney or Temp Guardianship?

 

First, one does not "file for" a power of attorney.  Power of attorney can be given simply by having an appropriate documents signed.  By contrast, a guardianship can be created only by a court order.

 

A power of attorney ("POA") allows one person (the agent or attorney-in-fact) to enter into transactions with third parties on behalf of another person (the principal).  A POA may be very broad (essentially encompassing everything that the principal could do) or it could be very narrow (e.g., a power of attorney could give the agent authority to negotiate on the principal's behalf for the purchase or sale of a piece of real property and nothing else).  The important thing to understand about a POA is that no third-party is required to accept it.

 

A guardianship a proceeding by which the guardian receives authority and responsibility relating to another (the ward) that is similar to that of a parent.  A guardianship (whether temporary or otherwise) involves some divestiture of the parents' rights.  This can (and often is) done with the parents' consent (as you are contemplating) and can also happen against the parents' will.  A guardianship can be "of the person" or "of the estate" or both.  A guardianship of the person involves the guardian taking care of the ward's personal needs.  A guardianship of the estate involves the guardian being responsible for the ward's finances.  in some cases, one person may be guardian of the person and another may be guardian of the estate.  Where the ward is a child, there is typically no separation unless the ward happens to have significant assets that do not belong to either parent.

 

Getting back to your question, why do you think you would need or want either a POA or a guardianship?  It is not necessary to have either in order for your grandchildren to live with you.  If you think you may need to obtain medical treatment for your grandchildren at a time where neither parent will be available to consent, then you might want a POA.  Your daughter and her husband should speak with their children's current medical provider(s) to see what might be necessary.  You could also conceivably need a POA to enroll the children in school if neither parent will be available to do that.  Is that something you foresee as being likely?  Are there other reasons why you think you might need or want a POA or guardianship?

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I do not disagree with any of the above but I do want to take it one step further; if grandmom and granddad want to put the minor grandchildren on their health insurance, it is unlikely that a POA will be enough; a guardianship will likely be required.

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VERY HONEST answer here so please do not judge ME but.... My daughter and her spouse live with her spouses parents. They have on numerous occasions, threatened to call dfcs or the police on them whenever my daughter and her family have threatened to move out. They want their own place for their family but the spouses mother is obsessed with the grandkids and dont want them to go anywhere so she tells my daughter and her spouse that she can and will call dfcs or the police because they occasionally smoke marijuana (late at night, outside, after the kids are in bed asleep) My concern is, because they are currently looking for a place to live, that this may happen soon and my daughter and her spouse could possibly be arrested and if that happens.... they DO NOT want her getting the kids. They want them to come to me if that were to happen, we just dont know what we can do in advance to ensure that the paternal grandmother dont get them arrested JUST to get the kids. 

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11 hours ago, lgree1223 said:

they occasionally smoke marijuana (late at night, outside, after the kids are in bed asleep)

 

While I don't really think this is the sort of thing that should cause DFCS to become involved, given the circumstances, why don't they stop doing this?  If that's the one and only issue that might cause DFCS to become involved, discontinuing this activity is an absolute no-brainer.  Are they so addicted that they cannot stop for a few months?

 

Given these circumstances, a POA would not do much of anything (except as noted above).  While I don't know the details of GA guardianship law, it's likely that, if you sought a guardianship, notice would have to be given to the other grandparents.

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