Legal Question in Family Law in Minnesota
Power of Attorney for ''custodial'' step-parent
My husband just recently received full physical and legal custody of his 9-year-old daughter (after initially having been awarded joint legal, but sole physical). We have been married for 3 years and his daughter has lived with us during the entire time. Her biological mother lives close by and has visitation rights. I am the mother who takes care of all of her daily needs, the 24-hour a day/7-days a week mom. Being my husband isn't home much I make all decisions, sign all paperwork, and take kids to doctors, etc. for my own children as well as for his daughter. My question is, can my husband sign a Power-of-Attorney for me to legally do these things without his ex's consent or approval? Does this have to be taken to court?
2 Answers from Attorneys
Re: Power of Attorney for ''custodial'' step-parent
I use a power of attorney for delegation of parental decision making. To date, none of the documents I have drafted have been challenged, so I can't tell you with absolute authority that they work in all instances. However, I believe that the document I use conforms with the law.
If you would like to discuss this, you may call me at (763) 428-8973.
Cathy A. Wagner
Re: Power of Attorney for ''custodial'' step-parent
Your husband could, as parent and legal guardian, sign a health care directive appointing you as the person to make medical decisions for this child. I can't promise you that such a document would always be recognized as legally binding, but it would sure be a lot better than nothing.
I have prepared documents similar to what you request to attempt to cover the situation of having a minor child leave the country on a trip - such as to Europe - with friends who were not even relatives. The hope was that the document would provide some authority in the event of an emergency.
I would be glad to discuss this further with you if you would call me. There is a state sanctioned form for these health care directives; and I doubt that anyone would question it.
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