ONE MOTHER'S APPROACH TO GUARDIANSHIP

Are you going through an investigation now? Tell your story and get feedback here.

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Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

ONE MOTHER'S APPROACH TO GUARDIANSHIP

Postby Dazeemay » Sun Oct 15, 2006 7:30 am

You will find that I have laur75's permission, as you read her posts to me, to share her story.

Are POA's the answer; not always and I have stated that numerous times in different ways on this forum. I have stated what worked for us may not work for you. There is nothing illegal about doing a POA. I believe a parent should use every tactic they can to prevent their children from getting into cps hands.

I have also stated that this was a learning process as we have only just discovered we can use this type of protection and that as we learn we will know what we can or cannot do.

I have stated that someday we would not be able to use a POA because they would catch on and prevent us from doing them. Georgia is the example of how they will put a stop to parents from using the only legal way we have of protecting our children.

Here are links to Temp Guardianship by use of a POA.

http://forum.fightcps.com/viewtopic.php?p=24878#24878

http://forum.fightcps.com/viewtopic.php?t=1103

As you can see on the above link, 1103, we have had "red herrings".

Many times there are "red herrings" on this site that have a rude, arrogant,manner of speech. One can spot them easily by their criticism's and always they defend cps in one way or another. They get banned from the site, but it is very easy to reaccess a site that you have been banned from.

So as you read the links do not be dismayed by these "red herring" posters. They come and they go and we will still fight the good fight of helping parents in any way we can.

From: laur75
To: Dazeemay
Posted: Tue May 23, 2006 8:28 am
Subject: Re: Need to ask you some questions
What did you need to know about the temp guardianship? I will try to answer any questions you might have the best I can.


From: laur75
To: Dazeemay
Posted: Tue May 23, 2006 8:37 am
Subject: Re: Need to ask you some questions
Well I did use the forms you posted on the site, I think I modified them a bit for my use, but basically it was the same. I printed them and had my parents sign them and we had them notarized. When the lady from DSS called me again and started harassing me about taking my daughter away I told her that I was no longer the guardian of my duaghter, that my parents were and that she had no grounds to take her away because she was safe that shut her up quickly. After that she never called me or my parents again to harass us. The court also knew about it but I don't think I ever gave them a copy of it. I'm sure when I go back to court next Friday to get try to get our name off the stupid list in NY they will bring it up or mention it again.




From: laur75
To: Dazeemay
Posted: Tue May 23, 2006 9:04 am
Subject: Re: Need to ask you some questions
Yes my daughter lived with my parents and they took care of her until the order of protection against my husband was dropped. As soon as that happened we picked her up and brought her home. The Temp guardianship expired in December and I haven't done another one since DSS has seemed to disappear off the planet as far as we are concerned. They haven't contacted us and since they didn't have enough evidence to really do anything other then put us on the stupid list then they probably will leave us alone for now (so I hope).

The judge did know about the Temp order and he wasn't happy about it, but too bad for him. He said it was ok with me if that's what I wanted to do. I don't know if you would consider that him granting it or not. I think the courts are really way to involved in this. If the child is not living with the parent being charged then why should they care as long as they are out of the situation? It's ridiculous.

Yes feel free to share my story if you like. I hope others can avoid having their children taken from them and placed with strangers who could cause more harm to the child. I'm just glad my daughter was young and will hopefully forget about the entire incident.


From: laur75
To: Dazeemay
Posted: Tue May 23, 2006 9:15 am
Subject: Re: Need to ask you some questions
The order of protection lasted from June until September it was dropped because DSS had no case and I dropped it since I was the one who got it at DSS's command. If they had no case then I wasn't going to follow their stupid wants any longer.

I would definately suggest placing the child(ren) some place else so that they don't have to witness what is going on. Our house was very stressful and I think my daughter being in a stable place was what was best for her. Also I think no matter what DSS says, it was better because they seemed to get off my back as soon as it was done. They had no leverage and they knew it. If you need anything else let me know. This all seems like a life time ago to me and it hasn't even been a year yet. After we do the whole fair hearing thing I hope to never deal with these people again. It has definately jaded my thinking of the whole Criminal and Family Court System. That's a lot coming from someone who has a degree in Criminal Justice and wanted to go into that field.


http://forum.fightcps.com/viewtopic.php?p=24878#24878

http://forum.fightcps.com/viewtopic.php?t=1103
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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fightingfor3
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Joined: Tue Sep 26, 2006 5:40 pm

Postby fightingfor3 » Fri Nov 17, 2006 11:03 am

As far as POA I was told it can't do ANYTHING for custody, not in NM at least, just medical purposes. I had never heard of a POA prior to my case. My ex's friend/sheriff said to put in a POA and it help him avoid some of the issues with CPS. But he also used the POA to keep me from my son and another sheriff said NO WAY. An attorney told me that if a POA even mentions custody it is then invalid. It requires two signatures and a notary public to be valid.

[This is where they tried to get me because once they found the abandonment wasn't going to stick they said I failed to provide a POA so that my daughter could be treated for pink eye. My SO's mom watched my kids for one night (Sunday) and took them to school Mon morning, and while I was out of town the school called SO's mom and said that my youngest daughter had pink eye. She picked her up and had her treated and then later claimed she couldn't because there was no POA, therefore I was then slapped with neglect. Although under oath SO's mom said that she told CPS I was coming to get my children and that she had already treated my daughter by taking her to a doctor and picking up the prescription using the insurance card I left with her. She had never had a problem before with taking any of the kids to see the doctor as she occasionally did.]

Even so, a lawyer when one of the above mentioned sheriff's tried to coerce me into giving up my son in front of his lawyer's office the lawyer came out and said we will write up a POA and resolve everything. But as I've said before everyone else I talked to in regards to this said NO, it does nothing for custody.

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Dazeemay
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Postby Dazeemay » Fri Nov 17, 2006 12:25 pm

fightingfor3 wrote:As far as POA I was told it can't do ANYTHING for custody, not in NM at least, just medical purposes.

In some states that is that way. Ga never had a grandparent POA and now they are going to be doing one probably for 2007 and it will stipulate that you cannot use it for guardianship.

I had never heard of a POA prior to my case. My ex's friend/sheriff said to put in a POA and it help him avoid some of the issues with CPS. But he also used the POA to keep me from my son and another sheriff said NO WAY. An attorney told me that if a POA even mentions custody it is then invalid. It requires two signatures and a notary public to be valid.

Definitely you cannot use the word POA in the forms.
[This is where they tried to get me because once they found the abandonment wasn't going to stick they said I failed to provide a POA so that my daughter could be treated for pink eye.

It takes all kinds of people; our granddaughter's relatives on their dad's side were like this.

My SO's mom watched my kids for one night (Sunday) and took them to school Mon morning, and while I was out of town the school called SO's mom and said that my youngest daughter had pink eye. She picked her up and had her treated and then later claimed she couldn't because there was no POA, therefore I was then slapped with neglect.

How sad! One day those type of people will have to face themselves. I just read where Darwin before he died lamented that he even went with that theory.


Although under oath SO's mom said that she told CPS I was coming to get my children and that she had already treated my daughter by taking her to a doctor and picking up the prescription using the insurance card I left with her. She had never had a problem before with taking any of the kids to see the doctor as she occasionally did.]

Even so, a lawyer when one of the above mentioned sheriff's tried to coerce me into giving up my son in front of his lawyer's office the lawyer came out and said we will write up a POA and resolve everything. But as I've said before everyone else I talked to in regards to this said NO, it does nothing for custody.

It works in some states. It worked in 2 states for us because it came down to involving the fact that we were fighting cps in one state, we lived in another and the one granddaughter who was suppose to be protected by her dad's relatives was in another state.

So we were fighting cps in one and relatives in another. Two judges honored our POA.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Fri Nov 17, 2006 3:22 pm

Here is something from Virginia, on adult guardianship.

If an adult child petitions the court for guardianship and conversatorship over an elderly parent, for example, less restrictive alternatives must be considered first.

http://www.courts.state.va.us/ed/update ... ip_law.pdf

6. Factors the court must consider in deciding whether to appoint a guardian or conservator, and his or her powers and duties.

a) Respondent’s limitations
b) Development of respondent’s maximum self-reliance and independence.
c) Availability of less restrictive alternatives, such as advance medical directives, powers of attorney, representative payees, trusts, etc.


******

This is consistent with what is stated by the National Center for State Courts.

http://www.ncsconline.org/WC/Publicatio ... nalPub.pdf

The Future of Self-Represented Litigation:
Report From the March 2005 Summit

National Center for State Courts

Courts, particularly through self-help centers, can assess the needs of the self-represented to
direct people to the help they actually need. Not everyone coming to court actually needs a court
order. For example, a relative caregiver of a minor child may think he or she needs a court order
to enroll a minor in school, not realizing that other forms such as a Caregiver Authorization
Affidavit, or Power of Attorney
—Minor Child will serve the purpose in many states. On the
other hand, if the minor would be at risk without a court order granting legal custody to the
relative caregiver, the guardianship process can be explained and forms provided.37 It is
important to stress that the self-help center staff does not tell the relative caregiver whether or not
he or she should seek a court ordered guardianship; rather staff explains the alternatives, what
each does and does not do, and armed with this information, the relative caregiver can make an
informed decision how to proceed. Staff can also refer the relative caregiver to support groups
or non-profit organizations that can provide assistance to one suddenly faced with the
responsibility of raising someone else’s child.

******

I am thinking that court-ordered guardianship for minors is primarily used when parents have died without a will, are permanently incapacitated, have abandoned the child, etc.

sweetteethatsme
Posts: 1
Joined: Mon Jan 19, 2009 1:24 pm
Location: Indiana

about the power of attorney for a gaurdian over a child

Postby sweetteethatsme » Thu Mar 05, 2009 10:27 am

My question about this POA is what if CPS has already removed the children and now they are temporarily living with my sister who I would want to have POA? Is it too far in this mess for that to take effect?
Thanks for everyone's input! Its very important to share our stories with one another to help educate us on the tricks and lies the people(CPS) who are suppose to be "looking out for the children" are prone to and very much capable of using.
sweet-tee

dawn7799
Posts: 44
Joined: Sat Jul 21, 2007 4:15 pm

Postby dawn7799 » Wed Jun 17, 2009 1:05 am

What if they want to give permenant guardianship to a relative instead of giving them back? And the only way to get the back is to go before juvenile court to get them back. Here there are two kinds og guardianship one in juvenile court and one in probabe court, but they filed under juvenile court? I heard it is extremely hard to get them back in juvenile court.


Dawn

dawn7799
Posts: 44
Joined: Sat Jul 21, 2007 4:15 pm

Postby dawn7799 » Wed Jun 17, 2009 1:05 am

What if they want to give permenant guardianship to a relative instead of giving them back? And the only way to get the back is to go before juvenile court to get them back. Here there are two kinds og guardianship one in juvenile court and one in probabe court, but they filed under juvenile court? I heard it is extremely hard to get them back in juvenile court.


Dawn

thiasmommy
Posts: 105
Joined: Tue Dec 06, 2005 1:58 pm

permanancy

Postby thiasmommy » Wed Jun 17, 2009 5:39 am

Hi,

My case was closed and they left my kids in permanent relative care in 2004, I re-opened the case in February of 2005 and had the kids back with me in August 2005. It is not that hard, But you have to show the court you have rectified whatever they were using against you in court.


God Bless

dawn7799
Posts: 44
Joined: Sat Jul 21, 2007 4:15 pm

Postby dawn7799 » Thu Jun 18, 2009 4:52 am

Well, they just want to say my husband is guilty and i won't do that because that would be lying.


Dawn

aracelysuarez
Posts: 1
Joined: Sat Sep 11, 2010 7:01 pm

please HELP

Postby aracelysuarez » Sat Sep 11, 2010 7:27 pm

Hello, my name is Aracely Suarez, my 3 kids have been taken 4 days ago over a misunerstanding. On September the 3rd there was an accident outside a walmart shooping center involving my 6 month old baby girl Lluvia. She was taken to the hospital to be checked out by an emergency physician. My baby was fine and she was later released to me by the physician becasue of course my bABY was in great health. So the hospital tells me a social worker will be contacting me with in a few days. Ok, so on Sep 8 the social worker calls me to go with my baby girl to speak to her and what had happen outside the walmart. i told her everything i told her it was a misunderstanding with my brother and I, and oviously they kmew that my 3 children were no in no immediate danger and let me go home with my baby and my two other children. No charges were filed against me. So on September the 9 CPS goesa to my children school removes them and takes them to fostore care, I had NO idea they had done this to me and my children, so then they ring my door bell and walk in my house where my baby firl was soundly sleeping and take her from me too. PLEASE HELP ME ! CPS has takrn my 3 children whom i am suffering for every second that goes by. I am a stay at home mom I have devoted my life to my kids, I am a freat mother i have never been to jail I have never used drugs I dont have an alcohol problem I live in a beautiful house my kids have their own bedroom i have food in my fridge my house is clean my kids have nice clean clothes, my daughter is a very smart girl she was studet of the month for 4 yrs at Sun Down elem school. She has perfect attendance, I pay a private tutor from her school to come help her with her homework to my house. WHAT DO I DO ? I have court Monday the 12th of Sep. Please shed some light and give me some pointers on what to take to court. Please HELP ME I LOVE AND MISS MY KIDS

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LindaJM
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Re: ONE MOTHER'S APPROACH TO GUARDIANSHIP

Postby LindaJM » Sun Sep 12, 2010 11:48 am


Aracely, you will need your own thread.

I moved your comment here: viewtopic.php?f=2&t=9490&p=53082
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

acajm99
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Joined: Mon Sep 27, 2010 3:38 pm

Re: ONE MOTHER'S APPROACH TO GUARDIANSHIP

Postby acajm99 » Tue Sep 28, 2010 10:54 pm

Question..... Someone has power of attorney papers on a child.... (I have posted my "Story" in another thread) So when all this began we forgot about the power of attorney papers, I think for one, because the CPS drew up new ones, but Do you know if the power of attorney papers will still hold up, since the CPS made the mom revoke the ones from them? The ones thta this person has is from a notary public, and was signed for 5 years. We are in Michigan.

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Dazeemay
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Re: ONE MOTHER'S APPROACH TO GUARDIANSHIP

Postby Dazeemay » Wed Sep 29, 2010 7:54 am

Once you sign papers for cps everything is in their court.

If she does a Objection/Corrections/Declaration of Facts she can state that she was coerced into revoking them.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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KDus
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Joined: Sun Nov 21, 2010 8:00 pm
Location: Kansas City

Re: ONE MOTHER'S APPROACH TO GUARDIANSHIP

Postby KDus » Mon Nov 22, 2010 10:13 pm

acajm99 wrote:Question..... Someone has power of attorney papers on a child.... (I have posted my "Story" in another thread) So when all this began we forgot about the power of attorney papers, I think for one, because the CPS drew up new ones, but Do you know if the power of attorney papers will still hold up, since the CPS made the mom revoke the ones from them? The ones thta this person has is from a notary public, and was signed for 5 years. We are in Michigan.


They're only good for 6 months.


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