Legal Question in Family Law in Tennessee
Difference Between Power of Attorney and Temporary Guardianship
How do a Power of Attorney and Temporary Legal Guardianship differ? I place foreign exchange students and have a school that won't agree to accept a student unless the paper actually says ''legal guardianship'' and not Power of Attorney. The host parents have agreed to host and have signed a parental/guardian agreement to host. The parents of the exchange student have completed and signed and had notarized a Power of Attorney and Medical Release that ''gives permission to the parents/guardians of the host family to act in their daughter's best interest in their place in the event of any medical, scholastic or familial need or emergency where they cannot be immediately or directly contacted. We also give permission for our daughter to attend school at the host family's/student's school,''etc. The school system says that the power of attorney does not establish legal guardianship. I don't understand why it would matter. I have spent hours trying to research the difference and why they would be requiring one over the other to no avail. My understanding is they provide the same authority and are the same except that the Power of Attorney is easier to do since it can be notarized instead of court ordered. Is this the case? Please help!!!!!
1 Answer from Attorneys
Re: Difference Between Power of Attorney and Temporary Guardianship
You have done good legal research and hit upon the difference between a guardianship and a power of attorney. For further assistance, you will need to consider whether you want to spend money and sue the school or get an attorney to write a letter to the school.
You can contact me directly at masg @ juno.com
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