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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111655
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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We live in Alabama. My son's best friend, age 15 years, has

Customer Question

We live in Alabama. My son's best friend, age 15 years, has a infant that is 2 months old. I'm older and wiser, but I have a "legal knowledge" deficit. Me and another grown woman (my friend THINKS this is the baby's grandmother-paternity unknown at this point) are taking turns caring for the baby so mom can go to school. Well today, this "grandmother" is in a rush to get a "DELEGATION OF PARENTAL RIGHTS" paper signed and notarized. She tells me that it's in case she has the baby and ends up needing to get him medical treatment, otherwise he would essentially be denied treatment. Again, the parent is 15. Question #1-WHAT FORM IS THIS, and IF I KEEP THIS BABY TOO will I need this form also? Question #2-Since mom is only 15 in Alabama and she is NOT emancipated, can she sign this legally?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Delegation of Parental Rights means that if the parents sign this form the grandmother would have the rights of the parents, meaning she could prevent you from seeing the child. It is a power of attorney form which if they do not properly limit powers can mean the grandmother could make all decisions for the child that the parents could normally make. They can name both you and the grandmother as co-powers of attorney and put both names on the same form, so grandma cannot play games and that would be allowed.
Here is the form: http://www.mc-ala.org/ElectedOfficials/ProbateJudge/ProbateResources/Pages/Delegation%20of%20Powers.pdf
A 15 year old parent can sign such an agreement. However, I would NOT tell your friend to sign ANY form that does not list both you and the other grandparent as power of attorney. Also, the form where it says "the following powers" and has blank lines, needs to state that power of attorney shall not have power to decide custody or guardianship of the child contrary to the will of the parents and that the parents at all times retain the right to make the determination of custody/guardianship in the event the two named guardians disagree or they disagree with the guardians.
The form does grant you or the other grandparent power to get treatment for the child and to enroll the child in school or act on behalf of the child when parents are not present.

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