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My daughter wants to grant temporary custody or guardianship…

Customer Question
My daughter wants to...

My daughter wants to grant temporary custody or guardianship of her kids to her mother

Lawyer's Assistant: What steps has your daughter taken? Has she filed any papers in family court?

We plan on doing that tomorrow how does that work I just need legal papers so I can enroll them in school and medical

Lawyer's Assistant: Family law varies by state. What state is she in?

Pa

Submitted: 4 months ago.Category: Family Law
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Answered in 2 minutes by:
4/1/2018
Family Lawyer: RayAnswers, Lawyer replied 4 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,925
Experience: 30 years as a family law lawyer .
Verified

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 4 months ago

Temporary guardianship is a written agreement between 1) the biological parents or a custodian of a minor child, or a court ordered legal guardian ("Parents") and 2) another adult named in the contract ("temporary guardian"). It is often called a power of attorney appointing temporary guardianship for a minor child. This temporary guardianship may be cancelled at any time by either party to the guardianship. This type of guardianship contract is not legally enforceable by the court. A notary should witness the signatures of the people signing the guardianship agreement. However, this only means that a notary confirms that the persons signing the document are actually the persons they claim to be. Having the document notarized does not make the document legally binding. This is not a court order, and it may not be honored by law enforcement officers, nor by the courts, in any dispute.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

LIMITED POWER OF ATTORNEY

FOR CARE OF MINOR CHILD(REN)

KNOW ALL MEN BY THESE PRESENT:

That I/We,___________________________________________ , adult resident citizen(s) of _____________ County, State of ______________,

hereinafter “Natural Guardian(s)”, residing at _____________________

(Address), __________________ (City), state the following:

1. Natural Guardian(s) is/are the parent(s) of the following Minor Child(ren):

Name Age Date of Birth

___________________ ______ ______________

___________________ ______ ______________

___________________ ______ ______________

Known allergies:

Name of Child Known Allergies

_____________________ ___________________

_____________________ ___________________

_____________________ ___________________

2. Natural Guardian(s) have made, constituted and appointed, and by these presents do make, constitute and appoint, ___________________(name), __________________________________________________(address-city-state), as our/my true and lawful Attorney-in-Fact, hereinafter “Attorney-In-Fact”, to act with the limited powers, as specified herein, in regard the Minor Children named above. As such, the Attorney-in-Fact shall be the Attorney-in-Fact for Natural Parent(s) and for said Minor Child(ren).

3. The Attorney-in-Fact named in paragraph three (3) shall have the following powers in regard to the health, education and general welfare of the Minor Child(ren) named in paragraph one (1), to wit:

(a) To act for and on behalf of the undersigned to consent to any x-ray examination, anesthetic, medical or surgical diagnosis or treatment, and hospital care which is deemed advisable by, and is to be rendered under the general or specific supervision of any physician and surgeon licensed under the provision of the Medical Practice Act, whether such diagnosis or treatment is rendered at the office of said physician or at a hospital, during all times that the Minor Child(ren) is/are in the presence of said Attorney-in-Fact. It is understood that this power is given in advance of any specific diagnosis, treatment, or hospital care being required, but is given to provide authority and power on the part of our aforesaid Attorney-in-Fact to give specific consent to any and all such diagnosis, treatment, or hospital care which the aforementioned physician in the exercise of his or her best judgment may deem advisable; and

(b) To do and perform any and all acts necessary or required that a natural parent would perform in reference the education of said Minor Child(ren). It is expressly the intent of the Natural Guardian(s) that the Attorney-in-Fact is hereby given wide discretion in education matters and that all educational institutions shall recognize and follow the instructions of the Attorney-in-Fact in regard to the education of such Child(ren); and

(c) To perform and provide discipline to said Child(ren) as if said Attorney-in-fact were the Natural Guardian of said Minor Child(ren); and

(d) To perform and act as Natural parent in reference to any and all legal matters necessary or desirable for the custody, care and education of said Minor Child(ren); and

(e) I do authorize my/our aforesaid Attorney-in-Fact to execute, acknowledge and deliver any instrument under seal or otherwise, and to do all things necessary to carry out the intent hereof, hereby granting unto said Attorney-in-Fact full power and authority to act in and concerning the premises as fully and effectually as the Natural Parent(s) may do if personally present, limited, however, to the purpose for which this limited power of attorney is executed. The Attorney-in-Fact may execute any and all such documents or other papers in the following form: “________________________ , Attorney-in-Fact for {name applicable Child}, a Minor Child”.

4. The Natural Parent(s) hereby release the Attorney-in-Fact from any and all liability and damages of any kind or character whatsoever for the performance of the duties herein provided in consideration for the Attorney-in-Fact’s acceptance of the duties specified herein.

5. This Power of Attorney and the powers of the Attorney-in Fact shall begin on the ____ day of ___________, 20___ and remain effective through the ____ day of ____________, 20 ___, unless sooner revoked in writing by the Natural Parent(s).

6. This Power of Attorney may be terminated or revoked by the Natural Parent(s), and if two, by any one of them, by delivery of a written Notice of Termination to the Attorney-in-Fact at any time.

7. Any person may rely upon the continued effectiveness of this Power of Attorney and the continued powers of the Attorney-in-Fact, unless or until such person has received actual notice of the termination of same.

8. Natural Parent(s) further declare that any act or thing lawfully done hereunder and within the powers herein stated by said Attorney-in-Fact shall be binding on the Natural Parent(s) and their heirs, legal and personal representatives and assigns.

IN WITNESS WHEREOF, I/We have hereunto set my/our hand and seal this the ____ day of _________, 20__ .

__________________________

Witnesses: Name and Address

__________________________

__________________________

__________________________

Witnesses: Name and Address

__________________________

__________________________

__________________________

Witnesses: Name and Address

_________________________

__________________________

__________________________

Witnesses: Name and Address

__________________________

__________________________

__________________________

STATE OF ____________________

COUNTY OF _____________________

PERSONALLY came and appeared before me, the undersigned authority in and for the jurisdiction aforesaid, the within named _________________, who acknowledged to me that she/he/they signed, executed and delivered the foregoing Power of Attorney on the day and year therein mentioned.

GIVEN under my hand and official seal of office, this the ____ day of

________________, 20___ .

____________________________

NOTARY PUBLIC

My Commission Expires:

_____________________

Acceptance by Attorney-in-Fact

I,_____________________________ , hereby accept the duties, powers and responsibilities contained in the above and foregoing Power of Attorney.

DATED this the ______ day of ____________, 20___ .

_______________________________

Signature

This should allow to temporarily enroll here and carry you for awhile.

Long terms you need lawyer here in PA to file permanent application for guardianship.

I appreciate the chance to help you today.Thanks

If you can positive rate 5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 4 months ago

Forms to file through courts for permanent one.

Fill out a Petition for Guardianship of Minor Children

You can create a Petition for Guardianship of Minor Children on-line using this form from PA Law Help.

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Customer reply replied 4 months ago
there is an order of protection against the father for her and the kids can she sign her rights over without the father
Family Lawyer: RayAnswers, Lawyer replied 4 months ago

She can give you the temporary one.Long term you will need to file for permanent guardianship and serve dad.This would allow you to enroll child, get medical care, etc.

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