Legal Question in Family Law in California

is power of attorney good enough

I live in Arizona and I want to send my teenage daughter to live with my brother in California. I want to give him the authority to make all the decisions I would be able to. Would a Power of Attorney be enough or would I have to go through a court hearing and do guardianship papers? We are on limited income and my brother would not be able to travel here to Arizona for court proceedings. and time is a factor. Any advice would be appreciated.


Asked on 11/03/02, 9:57 pm

2 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: is power of attorney good enough

Assuming nothing unusual in your underlying Judgment (custody and visitation), you should be able to accomplish your goals with a power of attorney, however, I could not give you a specific opinion without first reviewing the underlying Judgment and any modifications thereto.

Good luck to you!

Brian Levy, Esq.

Law Offices of Brian Don Levy

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Answered on 11/04/02, 11:59 am
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: is power of attorney good enough

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You may be able to "get by" with a Caregiver's Authorization Affidavit (see Ca Family Code section 6550 et seq) or a Guardianship Authorization form. However, if you expect the time period to be more than three months or if your brother will need to interact with government agencies (other than the school system), a formal "guardianship of the person" would be preferable. Contact an experienced Family Law attorney in the California County where your daughter will be living for specific advise and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/04/02, 2:40 pm


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