Legal Question in Family Law in California

Guardianship

We are the paternal grandparents with temporary guardianship of our 6 year old grandson whos parents are in jail The child has lived with us off and on since his birth and we have always taken all financial and medical responsibility The maternial grandmother filed a power of attorney dated Aug 2007 signed by her daughter stating the child was in her mothers care and authorizes the maternal grandmother to make medical decisions educational decisions and to receive public assistance .The child has never lived with the maternal grandpaents and his been in our home and school for 2 years home.Will this prevent us from being granted permanent guardianship?


Asked on 5/14/09, 4:31 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Guardianship

Your guardianship trumps the power of attorney. In granting the "permanent" guardianship (that just means it continues until the kids are 18 or the court issues another order terminating it, so it's really not "permanent" since it can be changed), the court is making a determination about what's the best situation for the kids, and is not bound by any power of attorney. If the maternal grandparents want authority over the kids, either the "estate" or the "person," they need to show up in the guardianship proceedings and fight for their being the guardians as opposed to you.

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Answered on 5/16/09, 10:17 am


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