A parent may find it necessary to give another adult the legal authority to care for their child, or may be assuming the care of someone else’s child. There are three possible ways to give another person the right to make decisions for the child, a power of attorney, an adoption or a guardianship.
Power of Attorney (POA)
A POA is the least expensive method, but has restrictions. For example, if the parents were going to be away on vacation and were leaving their child in the care of another, a POA could be used to give that person the temporary right to make emergency medical decisions for the child.
• It is not necessary to go to court to get a POA; a legal parent signs it and has it notarized.
• Third parties, such as schools and doctors, are not required to recognize a POA. If it is needed for medical care, check with the doctor in advance to ensure that it will be honored.
• A POA begins on the date it is signed and expires when it is revoked by the parent, on a specific date or at the end of one year.
• The caretaker only has those rights listed in the POA.
• A child does not have to agree to a POA.
Guardianship and Adoption
Guardianship and adoption are similar in the following ways.
• It is necessary to go to court.
• All third parties will recognize a guardianship or adoption.
• Both begin when ordered by the court.
Guardianship and Adoption Differ Significantly as Follows:
• An adoption is permanent while a guardianship ends when the court dismisses the guardianship or the child is 18, gets married or is adopted.
• Parental rights are severed with an adoption, but not with a guardianship. The guardian assumes the right to make legal, educational or medical decisions for the child, but the parents are still financially responsible.
• A child over 10 has to agree to an adoption; while a child over 14 has to agree to a guardianship.
• An adopted child’s name can be changed, but this is not true in a guardianship.
Before deciding whether a POA, adoption or guardianship would be the right solution for your unique situation, consult a family law attorney in Lee’s Summit MO. Greg Ryan & Associates focus on finding the right legal solutions for their clients. Click Here to learn more and to contact an experienced family law attorney in Lee’s Summit MO.
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