Legal Question in Family Law in Washington

Re: Power of attorney for a step-mother

You really need to check CT law. In WA, see RCW 26.16.205 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_016/rcw_26_16_205.txt, which imposes the obligation of support and education on a [custodial] stepparent. I would argue that right to sign follows the duty to support. If she has the obligation to educate, then she certainly has the right to sign for the child at school.

School personnel can be pretty stupid/obnoxious in these things, so you might still have problems with a written authorization.

But see RCW 26.09.184 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_009/rcw_26_09_184.txt and RCW 26.09.310 at http://www.leg.wa.gov/pub/rcw/title_26/chapter_009/rcw_26_09_310.txt, neither of which mention stepparents.

But note the following language from the domestic violence statute which seems to suggest that stepparents have a legal parent-child relationship: "persons who have a biological or legal parent-child relationship, including stepparents and stepchildren" RCW 26.50.010(2) at http://www.leg.wa.gov/pub/rcw/title_26/chapter_050/rcw_26_50_010.txt.

See also Matter of Montell, 54 Wn.App. 708, 712, 775 P.2d 976 (Wash.App. 1989): "Under the common law rule, an 'in loco parentis' relationship becomes established only when a stepparent intends to assume the status of a parent."

In the brief research I have done, it would seem that the issue is unclear but that your wife should act as if she has the authority. You could, as between yourselves, give her a power of attorney so that she would have the actual authority should it ever be challenged. But begin by acting as if she has the authority. Then check CT law.

Gary Preble

Olympia

360-943-6960