Legal Question in Family Law in California
My nieces been in my care for 6ys now and the mother of my nieces does not want to give me permenant legal guardianship because she plans on getting them back from me once shes stable.And their father is getting out of prison soon and to prevent him from getting out and trying to take my nieces from me will getting a Power of Attorney or Public Notary help me to keep my nieces?
2 Answers from Attorneys
The only way to be sure that neither parent obtains custody of the nieces is to obtain a guardianship. Assuming that the children are doing well in your custody you have an excellent chance to be appointed their guardian.
Neither a Power of Attorney not a Notary Public will help you. You misunderstand those terms. They have nothing to do with the issues you are facing. A Power of Attorney is authority given by one person to another person to do things as if they were the first person. The nieces parents could give you a Power of Attorney to make health care decisions for the nieces in an emergency, for example. It is for a specific purpose, and is no substitute for a guardianship. A Notary Public is a person, not something you can get. Notaries are trained and authorized to verify the identity of people signing documents to assure that the person whose name is on the document is really the person signing it.