Legal Question in Family Law in Texas
Grandmother has legal guardianship of her granddaughter. Mother is in jail and hasnt had custody of the child since she was 1. She is now 7. Grandmother is unable to take care of her due to health, can she sign a durable power of attorney. Also, if mom comes back in the picture can she call kidnapping on the power of attorney?
1 Answer from Attorneys
It depends on the guardianship order, but she might be able to sign an Authorization Agreement for Non-Parent Relative or a letter authorizing the other person to seek and obtain medical treatment and enroll the child in school. Kidnapping would not be something that would apply. Jail mom might ACCUSE someone of that, but kidnapping is a crime and therefore has to be pursued either by the local district attorney or the FBI. Neither would want to touch this case.
Good luck!!
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