Lawyer people; POA of a minor questions

[amo_mea_filiis.]

This is regarding a POA for 5 minors. I've googled but can't find anything even close to the situation. Parents will not be incarcerated or medically incapacitated, and the kids are not leaving their daily care.  

 

1. Is there any reason I can't just type the specifics instead of filling in a ready made form?

 

2. Can 2 parents appoint an attorney-in-fact to basically act as a 3rd parent? It doesn't take away their rights? How can I specify this?

 

3. Would a POA, giving a non-related person (but fictive kin at this point) power to make serious decisions, "look bad" in the eyes of CPS? What if the person is getting the things done that contributed to the case remaining open, and tries to include the parents physically as much as possible? 

 

The person looking to obtain POA rights is just tired of signing mom's name on everything (mom or dad will text with "oh crap, forgot x, y, z, can you sign please?"), or trying to explain the situation but still being blocked for the most important things (like an educational decision) even though parents have given verbal and written say-so to the school/dr/etc.

 

 

[Lanny]

I read your post earlier and I hoped that someone would reply to you, so I am bumping your thread. However, I am disturbed that you are signing the name of another person to anything.  Basically, that is what is called Forgery...  That could land you in trouble.

 

You should make an appointment with an Attorney who specializes in Family Law about this. If you are not related to the children by blood, this would seem to be even more troublesome. Like letting a Baby Sitter or Nanny have the equivalent of Parental Authority over the children.  

 

I sincerely hope someone more knowledgeable about this will respond to your thread. 

[Arctic Bunny]

Yeah, I read this earlier and my only thoughts are that you need to contact a lawyer...

[TechWife]

I think this person needs a lawyer that specializes in family law. It may amount to needi g a power of attorney for the parents that gives them the authority to act on their behalf in matters regarding their minor children. They need the authority to sign things they would normally be signing, so it’s their POA they need. Minor children can’t give their POA because they can’t legally act on their own behalf. I have no idea how CPS would view that - it could be positive in the fact that the parents are making sure someone is taking care of the children, it could negative in that they aren’t doing it themselves, I just don’t know. Honestly, there is no way I would get a POA, or any other legal document, in place without the assistance of a lawyer, most especially since CPS is already involved. This person also need to stop signing the parent’s name. Instead, they could carry forms to them for signature and return them for them.

Edited November 5, 2017 by TechWife

[lauraw4321]

You need a lawyer.

[Seasider]

The real problem seems to be that the third party has established a pattern of forgery.

 

That sounds harsh, but if there's a true need for a POA to be drawn up and used regularly (beyond what seems like convenience), then it seems to me there may also likely exist a legitimate reason for loss of parental rights.

 

It's hard to tell from your OP. I agree you need a real lawyer (not just legalzoom).

Edited November 5, 2017 by Seasider

[Catwoman]

Another vote for contacting an attorney.

 

I don't think this is the kind of thing you should try to do on your own. It seems like there are too many ways it could come back to bite you.

[PinkyandtheBrains.]

 

 

Lawyer

[Carrie12345]

I don't know the specifics, but my sister and parents were able to sign some sort of voluntary temporary custody order in their state when she went out of town for job training.  With a lawyer.

[amo_mea_filiis.]

Signing for mom is the little stuff. Like kid x is going to the school dance. Already paid for, but the school still requires the day of note for kid to stay after school and attend the dance. That day of note is never remembered. 2 of the 3 schools accepts me as a signer, so I sign my name. They know parents know and approve since the activity was paid for, and they know anything after school will be picked up by me anyway.

 

The parents have given written and verbal consent for me to deal with some school matters, but the school is still blocking. The 2 other schools jumped at the chance to work with me. The moment they got the letter, I got a list of things needing to be done! Lol.

 

I have a letter for medical needs and I deal with all that. Not much, just physicals, getting school forms done, etc. The one school will not accept the same format letter.

 

I already called a lawyer, but not local so there’d be no chance they knew anyone involved. He was great and gave a ton of info. He said if we prepped the papers, a local lawyer could just review and help make it official, but keep costs low since it’s done.

 

He had also suggested shared legal custody, but I’m not up for that. Not yet anyway. Shared legal is more difficult anyway because there’s another bio parent not in the picture. Shared legal could have a statement of something like without prejudice against that parent. But then sharing legal could also seem to be circumventing cps (there’s no dependency, just an open service case).

 

Because he spent 30 minutes on the phone for free, I didn’t want to ask every little detail. When I got off the phone and started googling forms, I found some stuff. One is that a POA of a minor might not even be valid. Another is that a POA no longer needs notarization (but we would).

[amo_mea_filiis.]

I don't know the specifics, but my sister and parents were able to sign some sort of voluntary temporary custody order in their state when she went out of town for job training. With a lawyer.

In our state that’s a standby guardian. But it gives no power unless the parents are away or something happens to them.

[Lanny]

OP in the first  paragraph of post #10, you included this: "2 of the 3 schools accepts me as a signer, so I sign my name."

 

The other school does not accept you as a signer, so you are signing someone elses name for that school?

 

Please check with an Attorney (in the state you are in) who specializes in Criminal Law.

 

I believe that he or she will explain to you that if you sign someone elses name, that is a Crime, called Forgery, and one might go to Jail or Prison for that crime.

 

You really need a competent Family Law Attorney that you can full explain the situation to, and then that Attorney can advise you whether or not what you want to do is legal and if so what procedures you need to follow.

[amo_mea_filiis.]

OP in the first paragraph of post #10, you included this: "2 of the 3 schools accepts me as a signer, so I sign my name."

 

The other school does not accept you as a signer, so you are signing someone elses name for that school?

 

Please check with an Attorney (in the state you are in) who specializes in Criminal Law.

 

I believe that he or she will explain to you that if you sign someone elses name, that is a Crime, called Forgery, and one might go to Jail or Prison for that crime.

Given the documents being signed, I highly doubt there’s anything to worry about.

 

I’m not benefiting from signing, there’s no value, and I have texts telling me to do so.

 

For 2 schools, I write and sign the note normally. They know parents just forgot. 3rd school would have refused to let the kiddo attend the dance that was already paid for with permission slip (signed by parents) had I not forged the note by simply writing mom’s name on it.

[amo_mea_filiis.]

I just contacted a family lawyer.

[Seasider]

I'm sorry, but imo permission slip for a dance is not POA worthy. I realize we are not getting all the details (and don't expect them on a public forum!), but fromnwhat you describe it sounds like you are standing in the gap for inattentive parents. If you need to deal with the school in place of the parent, there likely is a reason that (a) merits the approval of CPS or (b) warrants its attention.

 

Glad you called a lawyer, hope you will be able to make satisfactory arrangements.

[amo_mea_filiis.]

I'm sorry, but imo permission slip for a dance is not POA worthy. I realize we are not getting all the details (and don't expect them on a public forum!), but fromnwhat you describe it sounds like you are standing in the gap for inattentive parents. If you need to deal with the school in place of the parent, there likely is a reason that (a) merits the approval of CPS or (b) warrants its attention.

 

Glad you called a lawyer, hope you will be able to make satisfactory arrangements.

The POA is for the stuff bigger than the dance. I was just mentioning that I’m not concerned with forgery in regards to things like the dance.

 

I know most of the cps workers, but not this one. I have calls out to see if I can chat with her hypothetically about this.

 

As far as cps is concerned, minimally adequate parenting is happening. They know I’m involved heavily, and may not even care about the parents making me more official. A POA, unlike shared legal custody, means squat if cps has to intervene or remove kids again.

 

On the other hand, legal and physical was on the table a year ago. And if we did shared and something happened, cps wouldn’t have to do a 1/4 of the paperwork usually involved.

[Lanny]

I just contacted a family lawyer.

 

Excellent. You need to sit down with him or her and explain the situation, completely, and then ask if there is a legal way for you to do this.

 

Whatever you pay the Family Attorney will be money well spent. 

[Lanny]

The POA is for the stuff bigger than the dance. I was just mentioning that I’m not concerned with forgery in regards to things like the dance.

 

<snip>

 

And God Forbid, if something happened on the way to the dance, at the dance, or after the dance, and they traced the forged signature to you, you would have serious issues to resolve, probably both Civil and Criminal.

[amo_mea_filiis.]

And God Forbid, if something happened on the way to the dance, at the dance, or after the dance, and they traced the forged signature to you, you would have serious issues to resolve, probably both Civil and Criminal.

I do get what you’re saying, but mom and dad already signed the formal permission slip and paid. The day of note is essentially just a reminder that kiddo is not getting on the bus that day.

 

I actually find it annoying. Trip, dance, activity, after school club, etc. form is already completed as needed. The day of note is not necessary, or shouldn’t be.

[Lanny]

OP this is what I suggest that you do, ASAP:

 

(1) Make an appointment with an Attorney who specializes in Family Law. You should probably ask for at least a 60 minute appointment. Whatever you pay for the Attorney's services will be money very well spent.

 

(2) Print, double spaced, on one side of one sheet of paper, if you don't have a Printer, a simple but complete description of the family and what you are doing now. Take that paper with you when you go to the office of the Attorney for your appointment. Don't leave off any important information. 

 

(3) Ask the Attorney if what you are doing is Legal. 

 

(4) If it is not Legal, ask the Attorney if there is some paperwork you and the family can put in place, to make it Legal.

 

(5) Do not try to be your own Attorney. Experienced Attorney's hire an Attorney to represent them, in Civil or Criminal matters. There's a saying, something like this, "one who is their own Attorney has a fool for an Attorney".

 

(6) If, at this moment, you have any paperwork about this case, bring it with you when you go for your first appointment with your Attorney. 

 

Good luck to you!

[Lanny]

OP you need to protect yourself, legally, from Civil and Criminal problems. You are involved with 5 Minor children.   A Judge in a State Court may need to approve what you are doing. Be careful... PAY A FAMILY LAW ATTORNEY, EXPLAIN EVERYTHING TO HIM/HER,  AND THEN DO WHAT THEY SUGGEST TO YOU.

[Pen]

Legal guardianship?

[Lanny]

If CPS is involved with these 5 Minor children, this issue is much more dicey for the OP.  

[Lanny]

@OP    In Post #20, Item #3, I wrote something about asking the Attorney, when you go for your appointment, if what you are doing now is legal.  Obviously, that does not include Forgery.  Forgery is a crime...  Forgery is NOT legal...

 

You need to protect yourself from Criminal Law problems and from Civil Law problems.