Legal Question in Family Law in Kansas

My newphew, 14, lives with me now. His mother, my biological sister, can not take care of him due to emotional problems. She will not give up custody but I am concerned over being able to make medical decisions for him as well as enrolling in school, filing him as a dependent on my taxes, etc. The father has not been in my nephew's life but has been contacted and will assist in whatever I need to ensure I have to proper legal rights. How can I address these issues to ensure I am covered legally? Is there something which will allow my sister to retain legal parental rights while still allowing me to make day-to-day decision for his care and well being?


Asked on 9/12/09, 12:10 am

1 Answer from Attorneys
Rian Ankerholz Ankerholz and Smith

If your sister is willing, it would be possible for her to sign and give you a voluntary Power of Attorney to allow you to make decisions for your nephew's care. The Power of Attorney is revocable, so it depends on your sister's continued cooperation. If that is not possible, a formal guardianship proceeding in the Probate Court should be considered.

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Answered on 9/17/09, 2:43 pm


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