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Power of Attorney

Danibee's picture

Has anyone has their spouse write up a Power of Attorney for you? We have custody of SS8 and SD6 and I'm often the one doing doctor's appointments, making phone calls, handling insurance, etc, basically doing a lot of the parenting dirty work. Is it a "power of attorney" that could give me some legal ground to work from when it comes to being able to make decisions for my SKs?

stepmasochist's picture

At the school's request DH and I had a guardianship paper naming me as a legal guardian to the skids. It's not a power of attorney. We wrote it ourselves and had it notarized. So far that seems to be sufficient in all of the matters you are suggesting. That and sometimes I've had to show the paperwork naming DH as CP.

Danibee's picture

hhmm.... that sounds reasonable. Do you think that in the case of an emergency, it would give you authority as well?

stepmasochist's picture

What do you mean in case of emergency? Anyone can bring a kid in off the street and expect that kid to be treated in a medical emergency.

But as far as authorization for invasive medical procedures, according to custody agreement only DH can make that call. Not even BM can without his consent.

MamaBecky's picture

Even if your SO is the CP doesn't he other Birth Parent have a right to contest him giving you any legal authority over her kids that she herself doesn't have?

I ask this for two reasons...first my H is a NCP whos ex is remarried and he is always worried that StepD will get access to the things that he himself cant do thus taking his place.

2ndly I was raised by my BF and SM and she always signed everything for me, permission slips, took me to the dr. etc. and it was not an issue (we had the same last name) My BM got mad at my dad once though and took him to court and next thing I knew my SM couldn't do those things for me any longer my BM had somehow put a stop to it. When I asked her (BM) about it yrs later she said that she contested it because my dad was giving my SM my BM's rights...and if she (BM) couldn't do it because he had sole custody of me then she would be damned if some other women (my SM) could do it. I wonder if this is still the case and possible to do?

I know if my H found out that his daughters StepD was doing things he legally shouldn't be like signing slips and etc. or that his ex the BM had filled out something like a power of attorney or guardianship paper to give her H rights to my husbands daughter that he doesn't have, he would want to do what my mom did and contest it. Being that it has been years can that still be done? I'm just curious. Personally I think he should just ask for joint legal custody if he is so concerned about it. Thanks for any info.

japanspring's picture

My husband wrote a power of attorney for my 3 year-old stepson. He travels extensively, so the child is with me most of the time. When my husband is not at home, I have the guardianship of the child. I am the one who is responsible for him. His mother doesn’t even care about that. She cares only if other people say to her: “Why are you letting other woman take care of your child?” I’ll answer for her:”Because I am too busy living my life and don’t want to be bothered with a child.“
You know what I mean? Smile
So if the child is with you and he/she gets sick and needs immediate medical assistance, what are you supposed to do? Wait until you, guys, get permission from their BM!?!?It’s a child not machinery.
A power of attorney might work just fine. What does your lawyer say about it?

Jouma's picture

Must a power of attorney be a specific form, or can you write it up yourself? Does it go through court, or is it valid when notarized? My kids biodad is out of the picture, showing no interest in the kids, and I'd like my husband to be able to make important decisions when/if needed..

poisonivy's picture

Do a google search for your state and you should be able to find the forms specific to your needs. They will need to be witnessed and notarized in most cases and some states require the consent of both parents in these situations.

mom2five's picture

I take my stepkids to all of their doctors and dentists appointments. I do all the school stuff. And I handle all the insurance junk. I've taken them to the ER several times for stitches and sprains, and one pretty nasty broken wrist. I have never in the 10 plus years I've been a stepmother had anyone challenge me on it.

Jouma's picture

My worry is the biomom is going to notify the docs and schools and ask that I not be involved. DH has custody, which means I handle most of the doc and school stuff.

poisonivy's picture

In our situation, biomom has no say because DH giving me power of attorney is the same as him exercising his parental authority.

Ex: SS10 is with us for the summer. DH and I want to sign him up for speech therapy. DH gives me power of attorney because he works A LOT and is rarely around. BM finds out and calls said speech therapist to thwart our plans. We still take him to therapy because DH has given me temporary and distinct authority over SS10' health whi;e he is in our custody.

Jouma's picture

That would be perfect. Does power of attorney have to go through the court, or is a notarized form ok?

poisonivy's picture

You'll have to check with your local jurisdiction. In my state, only a notary and a witness were needed. I have a friend, however, who had to obtain BM's and DH's signature before going forward. It just depends on your local laws.

Jouma's picture

Nevermind.... I'm just getting used to this forum, and realized now that someone has replied to my answer from before, thanks!