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Can you please brake it down and explain more better to me I…

Customer Question
Hello can you please...

Hello can you please brake it down and explain more better to me I receive a letter today from my niece and she sent me a paper she had notarized and it was power of attorney delegating parental power can you please tell me what this mean and so you no she check full parental power regarding the care and custody of the children names above

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

Wisconsin and way up on top it say Power of Attorney Delegating Parental Power and it for 4 pages

Lawyer's Assistant: Have you talked to a lawyer yet?

Received it today in the mail see I had all 4 girls living with my self a

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just received this today

Submitted: 2 months ago.Category: Family Law
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Answered in 6 minutes by:
12/14/2017
Family Lawyer: RayAnswers, Lawyer replied 2 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 45,263
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 2 months ago

It appears she is wanting to delegate her parental powers to you possibly for a short term absence and to allow you to enroll kids or seek medical care.It is meant for short term situations where the kids come to stay for awhile.If it goes beyond six months you may consider a lawyer and change of custody.It should allow you to care for kids and get them enrolled in school if necessary.

Looks like this

http://www.wisclaw.com/Articles/POA-Delegation-of-Parental-Authority.pdf

Thanks and thanks for rating 5 stars.

Reference

the Wisconsin legislature passed Wisconsin Statute section 48.979, which allows parents to delegate their parental rights to third parties by simply filling out a “Parental Power of Attorney” (PPOA) form.

Section 48.979 essentially allows parents with legal custody of their children to designate any third-party adult with nearly full decision-making power over a child’s life. What troubles me about this new law is that it does not allow for any oversight.

Section 48.979 requires absolutely no court or child protective services approval for PPOAs. I would imagine that some parents who might use a PPOA are people who have some difficulties in their own lives and, in turn, in raising their children. There is a long-standing Constitutional presumption that parents know what is in the best interest of their children and will act accordingly. Should we take that Constitutional presumption to mean that parents who might not be able to adequately care for their children should have the power to decide with whom their children should be placed and who should make decisions about their lives?

Reading between the lines, section 48.979 seems to be partially enacted to avoid the necessity for state intervention in the form of Child in Need of Protective Services (CHIPS) petitions and guardianship actions.

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Customer reply replied 2 months ago
it look like those but only thing is they are with dad she in prison and she gave him joint custody and he got the kids back from foster care when I went to court with him and he live with my husband and I for over 5 years and I help him with the children and then he moved out and by mouth he said he would not take the children away from us and I had them every weekend and when there was no school they were with us we are there auntie and uncle and now he living with someone and they don’t want the children coming here anymore and the kids cry to come and they say to the children no they can’t I don’t no what to say or do mom has told dad to let the girls come back but it no and when we went to court she gave him temporary custody
Family Lawyer: RayAnswers, Lawyer replied 2 months ago

You would have to use local lawyer if you want to motion to modify custody here.You would have to get court to modify and give you the kids.Custody orders trump this power of attorney I am afraid.

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