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I would like to know how to cancel guardianship, the

Customer Question
Hi i would like...

Hi i would like to know how to cancel guardianship, the guardianship was done on Family Care Plan for Army National Guard. I don't see how the Agent can terminate a Power of Attorney.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Louisiana. the Principal is deployed

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No

Submitted: 2 months ago.Category: Family Law
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Answered in 9 minutes by:
12/5/2017
Family Lawyer: Edward Young,
 replied 2 months ago
Edward Young
Category: Family Law
Satisfied Customers: 198
Experience: Principal Attorney at The Law Offices of Edward D. Young, III
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.​

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Family Lawyer: Edward Young,
 replied 2 months ago

Tell me your situation. Do you currently have custody of a dependent or are you just listed as the short or long-term care provider?

What does the Power of Attorney say?

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Customer reply replied 2 months ago
the POA states I have temporary guardianship of two minors. This was done on a Family Care Plan with the US national guard. The Principal, is now deployed.
I have kept the two children however the agreement of how the money would be sent to me is not being handled as agreed.
Now the Principal has had someone pick up the 2 children from my house. so i want to cancel/terminate the guardianship, as the children are no longer in my care.
Family Lawyer: Edward Young,
 replied 2 months ago

Got it! So you want to know how to terminate your position as guardian?

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Family Lawyer: Edward Young,
 replied 2 months ago

Are you or can you be in regular contact with the deployed soldier? The reason I ask is that the easiest thing would be for him/her to amend his Family Care Plan to reflect the new guardian, revoke the old POA, and issue a new POA in the new guardian's name. Is this possible?

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Customer reply replied 2 months ago
I have not been in contact with the deployed soldier. I see that only the Principal can revoke the POA. so i am at a loss on what to do to protect myself.
Family Lawyer: Edward Young,
 replied 2 months ago

Just so you know, the Family Care Plan is not a legal document that can change a court order, nor can it interfere with a parent’s right to custody of his/her child. It is for Army purposes; its sole reason is to document who will care for the soldier’s Family Dependents when the soldier is unavailable due to mission requirements. So, you are not liable for child support and you have no legal custody arrangements with the soldier’s dependents.

As guardian, you should have received a Letter of Instruction from the soldier that identifies his Rear Detachment Commander. Do you have that document?

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Customer reply replied 2 months ago
No, I have not received that.
The only name on the documents I have is the Captain of her unit.
Family Lawyer: Edward Young,
 replied 2 months ago

What documents do you have? I am just trying to find a person or unit to send an affidavit saying that you are no longer the guardian of the dependents. From what base or post did she deploy?​

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Customer reply replied 2 months ago
I have the email address for the captain.
the Unit address is HHD, 139th Support GRP Jackson Barracks 4600 St. Claude Ave. New Orleans LA 70117
Family Lawyer: Edward Young,
 replied 2 months ago

That’s great! That is her Rear Detachment Commander. I will draft an affidavit to send to her. Give me some time to do it.​

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Customer reply replied 2 months ago
Thank you!
Family Lawyer: Edward Young,
 replied 2 months ago

I am sorry, I got tied up with another matter. I will send you the affidavit tomorrow.

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Family Lawyer: Edward Young,
 replied 2 months ago

As promised, attached is an Affidavit to cancel guardianship. I have attached the affidavit in both Microsoft Word and PDF formats. Please complete it and send it to the captain at the address you mentioned by certified mail. Be sure and get at least one line of the affidavit and the notary’s signature on the same page. If you have any problems accessing or reading the document please let me know,

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Family Lawyer: Edward Young,
 replied 2 months ago

Do you have another question for me? If not, please rate me. That is the only way that I get credit for the work that I have done for you.

Thanks

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Edward Young
Edward Young
Edward Young
Category: Family Law
Satisfied Customers: 198
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Experience: Principal Attorney at The Law Offices of Edward D. Young, III

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