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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33803
Experience:  Attorney with 15 years experience
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What can I do to get the revoke of the medical POA because

Customer Question

what can I do to get the revoke of the medical POA because my daughters grand mother is refusing to give her back to me?
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello again,

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If you are talking about revoking a power of attorney, then you just need to write something up stating that you are revoking the POA given to "John Doe" (the holder's name) on January 1, 2015 effective immediately.

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Then you sign it and date it in front of a notary public. Then you give a copy to the person who holds the POA and that is it. I would also make copies and give a copy to any bank or financial institution where the holder may have used the POA to let them know it had been revoked.

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But the POA doesn't give the grandmother the right to retain custody of the child. So you can just contact the police and ask them for an escort to go pick up the child if she won't return the child. Unless the grandmother has a court order, she can't prevent you from taking custody of the child back.

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thanks

Barrister

Customer: replied 9 months ago.
But the grand mother lives in Georgia and police said that if I would have taken my daughter that they would put me in jail
Expert:  Barrister replied 9 months ago.

Then the grandmother must have some type of legal custody because that is the only way that she could keep your child from you. Otherwise there is nothing that would prevent you from taking the child back. There may be some confusion about what legally established rights the grandmother has acquired.

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thanks

Barrister

Customer: replied 9 months ago.
But I have the court house there and they have said no custody papers have been file for my daughter at all so how would she have it if in the paper it states I have all my parental right
Customer: replied 9 months ago.
have called the court house there
Expert:  Barrister replied 9 months ago.

Ok, I need more of the back story here.. How did daughter come to be with grandmother?.

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How long has she been there?

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What did you give grandmother in the form of paperwork for daughter?

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Do the police think that grandmother has legal guardianship of your daughter?

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thanks

Barrister

Customer: replied 9 months ago.
I gave her permission to take her to meet her other family members and she said that it would be no more than 7-10 days and my daughter was 6 months old when she took her she is now a year old and the only reason that I signed the POA is so that if my daughter got sick she could get her taken of. And she told me that she needed her birth certificate and social security card because she told me that she needed it to board the plane since she was not her mother.she has been there for almost a yearit was a paper done by her friend who is a notary and it states in the papers I still have my parental rightsI believe that's what the police think to be absolutely honest
Expert:  Barrister replied 9 months ago.

Ok, then what you did was give her a temporary POA for a minor, which is revocable by you at any time. So you need to get the revocation done and have it delivered to her, maybe by the local sheriff so you have proof of delivery. Then you have legally terminated her custodial rights and can pick up daughter without any problems from the police. If they do get confused about the situation, you can just show them the copy of the original POA and the notarized revocation and that should clear up any confusion.

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thanks

Barrister

Customer: replied 9 months ago.
Thank you very much
Expert:  Barrister replied 9 months ago.

You are very welcome. Glad to help any time.. And for what it is worth, most of the time the police don't have a clue what the laws actually say and only have a general idea about things like custody issues..

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thanks

Barrister

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