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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If I sign the power of attorney, does it mean that only my

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If I sign the power of attorney, does it mean that only my nephew can sign papers for field trips, etc. or does it mean I am sharing this with him - so either myself, my husband, or he can sign them?
Hello friend,

Well that is the thing. I do not know what kind of verbiage that POA has. "Giving up educational rights" is very unusual.

A power of attorney has a grantor (you) and grantee (the other person).

A power of attorney normally does not have the grantee give up anything; it has the grantee become the grantor's "agent" and that agent has the power to make the decision on behalf of the grantor.

But the grantor also has the right to continue making decisions, and, normally can void the POA at any time.

My guess is that they want you to sign a POA, and that in itself is not unusual as it basically has you giving the right to the other person to make decisions. But if the POA has terminology like "giving up" rights, that is a red flag. While only the Court has the ability to terminate someone's rights temporarily or permanently, and a POA's verbiage may not be binding even if it states this, it is still worrisome.

It is recommended - therefore - to have the verbiage reflect that the grantee "SHALL HAVE THE RIGHT TO MAKE EDUCATIONAL CHOICES..." But not that the grantor (i.e. you) "gives up" anything.

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