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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I need a Power of Attorney for my three grandchildren in order

Customer Question

I need a Power of Attorney for my three grandchildren in order for my husband and myself to act as agents for the children in school and make dicisions fortheir educational rights and to take them to the medical doctor when needed. The parents of the children who are the the two Principals in this Power Of Attorney. The mother is handicapped and the father will be taking her to all her appointments scheduled and non scheduled.
Submitted: 5 years ago.
Category: Family Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Are the parents in agreement to this?

Customer: replied 5 years ago.
Yes, they are
Expert:  Ely replied 5 years ago.
Thank you. And for how long will this be?
Customer: replied 5 years ago.
Until they decide to revoke the Power of Attorney
Expert:  Ely replied 5 years ago.
Sorry about that. It seems there was an online glitch, so I just now was able to get back into your question.

I am providing a sample power of attorney below. Please note that this POA cannot be used for child custody purposes, but simply to HELP the parents in their situation:

Power of Attorney, General

I, __________________(“Declarant”), residing at __________________________, hereby appoint _____________________ (“Agent”) of _______________________, as my attorney-in-fact ("Agent") to exercise the powers and discretions described below.

If the Agent is unable or unwilling to serve for any reason, I appoint ________________ (“Alternate Agent”), of _______________________________, as my alternate or successor Agent, as the case may be to serve with the same powers and discretions.

I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.

My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:

(write out the powers granted)

This Power of Attorney shall be construed broadly as a general Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner.

Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent; or transferring custody of any children.

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. A successor Agent shall not be liable for acts of a prior Agent.

No person who relies in good faith on the authority of my Agent under this instrument shall incur any liability to my estate, my personal representative or me. I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document. If any part of any provision of this instrument shall be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provision or the remaining provisions of this instrument.

My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney.

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, but only if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf.

This Power of Attorney shall become effective immediately, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.

Then sign, date, and have it be notarized.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you unless you press ACCEPT.

If you still need to clarify something or seek more information, just use the INFO button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after an accept, should you wish to continue in the thread, and I encourage you to do so should you need clarification!

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