Legal Question in Family Law in Massachusetts
Power of Attorney and Guardianship of a Minor
Q1: Once a Power of Attorney is notarized, does it need to be filed with the Courts in the state of Massachusetts, or is it finished?
Q2: My mother is my nephews legal guardian. His mother is still alive but gave up custody. My mother is now dying of Cancer and has granted me Power of Attorney. How, legally, do I begin to process to gain custody of my nephew?
2 Answers from Attorneys
Re: Power of Attorney and Guardianship of a Minor
The power of attorney need not be filed. A guardianship must be sought in the Probate and Family Court, with notice to any interested party. If the parents' parental rights have not been terminated, they must be notified to give opportunity to contest the proposed guardianship.
Power of Attorney and Guardianship of a Minor
1. No. You can only file in court if there something active and it is somehow related. Even then, there is no central depository.
2. If your mother is the guardian, this is a probate court decision. What you need to do is check the court filing, and then with your mother's assent, file a request to change the designation from her to you. It could be more complicated, depending on the facts.
If you need assistance or have questions contact me.
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