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Power of attorney apt for Auntie


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POSTED: Tuesday, November 18, 2008

Question: My sister recently left for the mainland for a new job and left her daughter behind with me. She asked me to care for her while she tries to get a job and a place to live in Vegas. Am I suppose to have any kind of papers in order to care for her? Do I need a guardianship?

Answer: If your sister is going to be gone for a short period of time, a power-of-attorney document might suffice. Assuming that your sister has sole legal and physical custody of her daughter, this document outlines the “;powers”; given to you by your sister to care for her daughter in her absence. Most schools, banks and physicians will accept a power of attorney, but we advise you to check with them or any other party or establishment you might want to use your power of attorney for. A power of attorney is not a court order (signed by a judge), therefore it does not have to accepted by the party or establishment.

However, as long as Mom is alive, can be contacted and wishes to exercise her parental authority, she should be able to give her consent from Las Vegas to most things that are likely to arise with respect to the child without the power of attorney.

If Mom will be difficult to contact for an extended period of time, or does not want to exercise her parental authority over the child, or her stay in Las Vegas is extended for some time, then a guardianship might be more appropriate. A guardianship of a minor person, a court order signed by a judge, could give you authority to make decisions in all matters concerning your niece. This would be an option if your sister is going to be gone for a long period of time or if you need more authority.