Legal Question in Family Law in Oregon

Re: 17 year old child living with grandparents who want custodial rights

Oregon law, ORS 109.056, allows a parent to use a "power of attorney" for the purpose of delagating parental authority to another person (such as a grandparent) for a term not to exceed six months. (The power of attorney can then be renewed for continuing, successive six-month terms.)

ORS 109.056 says: "A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the powers of the parent or guardian regarding care, custody or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward."

The authority delegated by the power of attorney can be very broad or very limited, depending on the wording used in the document. In any event, you continue to retain legal custody even if the child, with your persmission, is residing in the home with the grandparents. And you retain the right to terminate the power of attorney at any time and for any reason.

Also keep in mind that parental authority, as a matter of law, ends at age 18 under Oregon law. At that point, the child is legally an adult and is no longer in anybody's legal custody. Any delegation of parental authority given pursuant to ORS 109.056 that is in existence at time child attains age 18 automatically comes to any end.

Need more help? Call my office at 503.224.8884 and we can arrange for further legal services.

L.D. Gorin