Legal Question in Family Law in New York

Giving Parents power of attornery over child & all financials while on vacation

My husband & I recently separated and i have custody of our 9yrold. I am leaving for a short vacation (8 days)out of the country and would like to appoint my parents power of attorney over my affairs and my son while i am away and in case something should happen to me. Can I type up a letter and have it notarized? Finances are tight and this trip was planned before the separation and is not refundable. My husband moved out of state also. No legal separations papers have been filed.


Asked on 10/03/00, 4:24 pm

2 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Giving Parents power of attornery over child & all financials while on vacat

No.

A power of attorney is a specific document that must be drafted in accordance with NY GOL sections 5-1502A through 5-1503.

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Answered on 11/01/00, 3:03 pm
Salvatore Lagonia Attorney At Law

Re: Giving Parents power of attornery over child & all financials while on vacat

Your question has several aspects to it. First, what kind of agreement do you have between you and your husband. To say you have custody may only refer to physical custody - but not legal custody. As parent, he would have legal custody should something happen to you. The second aspect is one of power of attorney. There is a specific format for a power of attorney in this state and a simple writing, even notarized, will not do.

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Answered on 10/31/00, 10:36 pm


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