ALL STATES INFO ON GUARDIANSHIP

Info for giving temp. guardianship to someone else..

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Dazeemay
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ALL STATES INFO ON GUARDIANSHIP

Postby Dazeemay » Tue May 23, 2006 5:02 pm

You as parents are responsible to continue to keep updated on guardianship. Do not let it lax at anytime because if it has changed then who knows what will happen. Never think that this is a "golden answer" for your situation with cps.

POA's are limited in time. Some are for 90 days and some up to six months. POA's do not have the same laws governing them. Guardianships laws that Marina has posted is not the same as the POA

Also many states want you to use their forms to execute this POA (Power of Attorney or Guardianship)

POA's are not the answer for every state. I will try to find the ones that have them, but you must find the one for your state or you can have me help you if you can't find it.

If you can't find a POA it would be difficult to do a court guardianship because cps is involved. There are many places that have legal forms for all of the states in regards to a POA and so if you can't find your state statutes one can go ahead and chance that your state does not have specific statutes that would limit it you in doing this.
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This link is to a Survey of All States Guardianships posted by Marina
http://www.aaml.org/files/public/Journa ... temporary'
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Alabama
http://www.legislature.state.al.us/Code ... 6-2A-7.htm

Section 26-2A-7
Delegation of powers by parent or guardian; parental authority.
(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary "delegation" of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.

(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.

(Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
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Alaska
POA Form
http://www.state.ak.us/guardianship/pdfs/Delegation.pdf
Statute
http://touchngo.com/lglcntr/akstats/Sta ... ion020.htm

Alaska Statutes.
Title 13. Estates, Guardianships, Transfers, Trusts.
Chapter 26. Protection of Persons Under Disability and Their Property; Powers of Attorney
Section 20. Delegation of Powers By Parent or Guardian.
previous: Section 15. Facility of Payment or Delivery.
next: Section 25. Appointment of a Guardian Ad Litem.

AS 13.26.020. Delegation of Powers By Parent or Guardian.
A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
**************************************************** Arizona http://www.azleg.state.az.us/FormatDocu ... ocType=ARS

14-5104. Delegation of powers by parent or guardian

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor.

Below is the link to the form they use.
http://www.law.arizona.edu/Depts/Clinic ... pbyPOA.pdf
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Arkansas
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California
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Colorado
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Connecticut
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Delaware
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District of Columbia
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Florida
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Georgia


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Hawaii
*****************************************************Idaho
http://www3.state.id.us/cgi-bin/newidst ... 50050104.K

Idaho Statutes TITLE 15
UNIFORM PROBATE CODE
CHAPTER 5
PROTECTION OF PERSONS UNDER
DISABILITY AND THEIR PROPERTY
PART 1.
GENERAL PROVISIONS
15-5-104. DELEGATION OF POWERS BY PARENT OR GUARDIAN. A parent or a
guardian of a minor or incapacitated person, by a properly executed power of
attorney, may delegate to another person, for a period not exceeding six (6)
months, or in the case of military personnel serving beyond the territorial
limits of the United States for a period not exceeding twelve (12) months, any
of the parent's or guardian's powers regarding care, custody, or property of
the minor or ward including, but not limited to, powers for medical care and
educational care of the minor or ward, except the parent's or guardian's power
to consent to marriage or adoption of a minor or ward. The delegation for a
minor to a grandparent of the minor, or to a sibling of the minor, or to a
sibling of either parent of the minor, shall continue in effect until the time
period, or date, or condition set forth in the power of attorney for automatic
expiration of the power of attorney occurs. If the power of attorney does not
provide a time period, or date, or condition for automatic expiration of the
power, the power of attorney shall continue in effect for a period of three
(3) years. The power may be revoked prior to the expiration of the three (3)
year period, or prior to the time period, or date, or condition for automatic
expiration, in a writing delivered to the grandparent or sibling by the
delegating parent or guardian. The power of attorney does not need to be
notarized or recorded to be valid. However, if the power is recorded, any
revocation of the power by a writing must also be recorded before the
revocation is effective.

The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
database be published or repackaged for commercial sale without express written permission.

Search the Idaho Statutes
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Illinois http://www.operationhomefront.org/Benef ... tmlSpecial Power Of Attorney To Act "In Loco Parentis"
This is a common type of special power of attorney. The phrase "in loco parentis" means "in the place of the parent." This type of special POA grants parental authority to another (such as a babysitter) to perform a range of functions which can include picking up a child from school, buying food and clothing, and consenting to medical treatment of the child in the event of illness or injury. If you have children, you will almost surely want a special power of attorney to provide for their non-emergency medical care when you and your spouse are away. Service medical regulations clearly provide that your children may be treated if a true emergency exists, and you or your spouse cannot be reached. In a non-emergency situation, however, consent is required before treatment. The special medical power-of-attorney is, in effect, your transfer of your authority to consent to that treatment to another individual whom you have chosen to act for you. You cannot designate a medical facility; you must designate a specific adult or two.

Without this type of special POA a day care center, school, store, hospital or clinic, fearing legal repercussions, may refuse to follow the directives of the babysitter or other agent, and require the specific authorization of the actual parent. This grant of authority will assist the agent in the daily business of looking after the child, and can avoid unnecessary delays in emergencies. Furthermore, the special POA provides legal protection for the facility, and also for the agent who might otherwise fear taking action on behalf of the child.
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Indiana

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Iowa

Kansas

Kentucky

Louisiana
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Maine http://www.ptla.org/family/poachild.htm you can do this up to six months then renew.
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Maryland

Massachusetts
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Michigan http://courts.co.calhoun.mi.us/book003.htm

POWER OF ATTORNEY:

A parent or guardian of a minor may execute a power of attorney delegating the parent's or guardian's powers regarding the care, custody or property of a minor for a period not to exceed 6 months. MCL 700.5103; MSA 27.15103.

The power of attorney does not include the power to release a minor for adoption or to consent to adoption or marriage. The power of attorney cannot contain an automatic renewal provision, and any renewal of the power must result from another execution of the power for each period not to exceed 6 months. The attorney general has ruled that the power of attorney may not be used to establish school residency. Op. Atty. Gen. 1979, No. 5574, p. 393.

A power of attorney is ideal for use by parents who are going on a trip. In fact, when parents leave town even for a short period of time, parental powers should be delegated to someone to make decisions regarding a child(ren), especially those decisions involving consent to medical care. The advantages of a power of attorney over guardianship are that it does not limit the power of the parent to act if the parent so chooses, and the power of attorney does not have to be established in a court proceeding




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Minnesota http://www.revisor.leg.state.mn.us/stats/524/5-211.html

524.5-211 Delegation of power by parent or guardian.

(a) A parent, legal custodian, or guardian of a minor or
incapacitated person, by a properly executed power of attorney,
may delegate to another person, for a period not exceeding one
year, any powers regarding care, custody, or property of the
minor or ward, except the power to consent to marriage or
adoption of a minor ward.

(b) A parent who executes a delegation of powers under this
section must mail or give a copy of the document to any other
parent within 30 days of its execution unless:

(1) the other parent does not have parenting time or has
supervised parenting time; or

(2) there is an existing order for protection under chapter
518B or a similar law of another state in effect against the
other parent to protect the parent, legal custodian, or guardian
executing the delegation of powers or the child.

(c) A parent, legal custodian, or guardian of a minor child
may also delegate those powers by designating a standby or
temporary custodian under chapter 257B.

HIST: 2003 c 12 art 1 s 26

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota:At the very bottom of this page it gives the number 257B as an option. You have one year from the date the child/ren can go with the guardian. You must be careful because Ohio has one year without it being renewed. Here is a link to their form to use
http://www.dhs.state.mn.us/main/groups/ ... authority'
Link to 257b: http://www.revisor.leg.state.mn.us/bin/ ... apter=257b
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Mississippi

Missouri
****************************************************MMontana

http://data.opi.state.mt.us/bills/mca/72/5/72-5-103.htm

72-5-103. Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
(2) The 6-month limitation provided in subsection (1) does not apply to:
(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or 32 of the United States Code or on state active duty pursuant to Article VI, section 13, of the Montana constitution;
(b) a member of the active duty military forces of the United States; or
(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.
(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.

History: En. 91A-5-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-104; amd. Sec. 1, Ch. 104, L. 1999.

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Nebraska
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Nevada

New Hampshire
*****************************************************New Jersey

http://lis.njleg.state.nj.us/cgi-bin/om ... k=&record={1DC8}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=46&y=15&zz=

(UPDATED THROUGH P.L. 2006, c.97 and J.R.2)
TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
3B:12-39 Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

3B:12-39 Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

3B:12-39. Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.

Amended 2005, c.304, s.27.
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New Mexico

New York

North Carolina

North Dakota
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Ohio http://www.ohiobar.org/pub/lycu/index.asp?articleid=374
Ohio link to the actual law and how to proceed with guardianship and it only states grandparents in this law. You need to call legal aid or an attorney to see if you can do a POA(Power of Attorney) for other relatives.
http://www.legislature.state.oh.us/bill ... _HB_130_PH

As of today 10-07-06 A bill is being introduced to change current law on POA. Instead of grandparents it reads person.

Now one could attempt to use this as a reason for doing a POA, (this is in their statute (c) Temporarily unable to provide adequate care and supervision of the child because of my physical or mental condition. I would say, due to the stress of these false allegations. I know that is far reaching, but when it comes to the lives of our children I would attempt it.

Be sure to note that the guardian has to file within five days at the court house. Also this is only for a year.

You must use their form or a form that is identical to their form.

http://www.legislature.state.oh.us/bill ... 126_HB_178

Now if CPS has contacted you, meaning a letter on your door that they want to visit you, called you, I would run to the courthouse and do this. If you signed any papers you can't do it. If you let them in your house; I don't know because you already gave up your constitutional rights. Personally I would attempt it.

Judicial circumstances in which use of Relative Affidavit is prohibited, such as custodial hearings pending or in progress (Sec. 3109.68)

So, if you have a custody hearing due to divorce or other causes (such as cps) this cannot be done. However, if you beat cps to the court house it could run in your favor, but not without a battle I am sure.
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Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota
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Tennessee http://tennessee.gov/sos/acts/103/pub/pc0071.pdf as far as I can see there is not limitation of time, but there are other laws within this law that states what you must do. Read this carefully and then draw up your guardianship papers.

States the law on Power of Attorney

http://www.state.tn.us/tccy/tnchild/t34 ... _part3.htm
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Texas
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Utah http://www.utahattorney.com/utahspirit/32.htm you must renew your guardianship every six months
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Vermont
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Virginia

School Enrollment of Children of Military Personnel Temporarily


http://www.pen.k12.va.us/VDOE/suptsmemo ... nf146.html
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 146
October 9, 2001
INFORMATIONAL
TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: School Enrollment of Children of Military Personnel Temporarily Relocated Due to Deployment to Active Military Operations

As a result of questions from various school divisions regarding whether a Special Power of Attorney is sufficient evidence of custody under the Code of Virginia in which to allow the enrollment of a student as a resident of that school division, we asked the Office of the Attorney General for advice. The attached memorandum from the Attorney General concludes that during this time of both state and national states of emergency, a Special Power of Attorney (or substantially similar designation of a power of attorney), prepared and signed by a deployed military parent, is sufficient to have that child properly enrolled in the school division where the child resides with the designated caretaker.

If you have any questions, please contact Anne D. Wescott (mailto:[email protected]), assistant superintendent for policy and public affairs at (804) 225-2403.

JLD/ADW/jj

Attachment

http://www.pen.k12.va.us/VDOE/suptsmemo ... nf146a.pdf




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Washington

West Virginia

Wisconsin

Wyoming

Puerto Rico & The Virgin Islands
Last edited by Dazeemay on Thu Oct 26, 2006 10:09 pm, edited 24 times in total.
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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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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Guardianship terminology

Postby Marina » Tue May 30, 2006 7:08 am

Guardianship terminology

The laws in a lot of states have 'guardianship' under probate law where 'last will and testament' is discussed. Some states don't appear to address the type of guardianship that relates to the situations we have here. Others do, in the probate section or another section.



Guardianship of the elderly - links for state codes
http://www.law.upenn.edu/library/ulc/ugppa/guardsh2.htm

I used the table on this website to find information that relates to temporary guardianship. A lot of the links to states are obsolete and some of the links only seem to address court-appointed guardianship after the death of parents, etc.

This article shows that the issue of 'guardianship' for the elderly is not uniform in various states, or laws might not adequately address the situation. In those cases, it seems that the general information and forms shown on this discussion board about 'temporary guardianship' might have to be sufficient.

In connection with federal programs for foster care and adoption, a number of states have established programs for "subsidized guardianship" and subsidized "kinship care" with varying degrees of control over families. These programs are probably effective where the parents are really messed up or absent and relatives have already assumed care for the children and need assistance.
I just mention these because they come up when searching a state for "guardianship." And the fact that these programs are widespread supports the notion that family and friends should be recognized as alternate choices to foster care. This information may be helpful in court, if a temporary guardian of your choice is available.

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Guardianship information -- by state

Postby Marina » Tue Jun 20, 2006 9:57 am

Guardianship information -- by state

http://www.brycs.org/documents/state_gu ... p_info.pdf

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Digest of State guardianship laws-- Social Security Adm.

Postby Marina » Tue Jun 20, 2006 10:01 am

Digest of State guardianship laws-- Social Security Adm

https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0200502300

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

Summary of Standby Guardianship Statutes by State

Postby Marina » Tue Jun 20, 2006 10:02 am

Summary of Standby Guardianship Statutes by State

http://standbyguardianship.org/pdf/AIA-SBGstate.pdf

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

WI- Guardians for Children in Need of Protective Services

Postby Marina » Thu Jun 22, 2006 9:19 am

WI- Guardians for Children in Need of Protective Services (CHIPS)

http://www.legis.state.wi.us/lc/3_commi ... 0chips.pdf
Last edited by Marina on Fri Nov 03, 2006 1:53 pm, edited 1 time in total.

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

CA- Legal servics for prisoners with children- guardianship

Postby Marina » Thu Jun 22, 2006 9:21 am

CA- Legal servics for prisoners with children- guardianship

http://www.prisonerswithchildren.org/pu ... d.htm#what

posting under California

Marina
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Private Guardianship regulations, Alberta

Postby Marina » Thu Jun 22, 2006 4:55 pm

Private Guardianship regulations, Alberta

http://www.calgaryandareacfsa.gov.ab.ca/crv/pdf/act.pdf
Last edited by Marina on Fri Nov 03, 2006 1:55 pm, edited 1 time in total.

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Florida

Postby Marina » Thu Jul 06, 2006 9:53 am

Florida

http://www.flsenate.gov/statutes/index. ... pter%20744

The 2004 Florida Statutes

Title XLIII
DOMESTIC RELATIONS Chapter 744
GUARDIANSHIP View Entire Chapter

CHAPTER 744

GUARDIANSHIP

PART I

GENERAL PROVISIONS (ss. 744.101-744.1095)

PART II

VENUE (ss. 744.201-744.2025)

PART III

TYPES OF GUARDIANSHIP (ss. 744.301-744.3085)

PART IV

GUARDIANS (ss. 744.309-744.3145)

PART V

ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIANS
(ss. 744.3201-744.358)

PART VI

POWERS AND DUTIES (ss. 744.361-744.461)

PART VII

TERMINATION (ss. 744.464-744.534)

PART VIII

VETERANS' GUARDIANSHIP (ss. 744.602-744.653)

PART IX

PUBLIC GUARDIANSHIP (ss. 744.701-744.715)
- - - - - - - - - -

TYPES OF GUARDIANSHIP

744.301 Natural guardians.

744.3021 Guardians of minors.

744.3031 Emergency temporary guardianship.

744.304 Standby guardianship.

744.3045 Preneed guardian.

744.3046 Preneed guardian for minor.

744.306 Foreign guardians.

744.307 Foreign guardian may manage the property of nonresident ward.

744.308 Resident guardian of the property of nonresident ward.

744.3085 Guardian advocates.

- - - - - - - - -

744.3021 Guardians of minors.--

(1) Upon petition of a parent, brother, sister, next of kin, or other person interested in the welfare of a minor, a guardian for a minor may be appointed by the court without the necessity of adjudication pursuant to s. 744.331. A guardian appointed for a minor, whether of the person or property, has the authority of a plenary guardian.

(2) A minor is not required to attend the hearing on the petition for appointment of a guardian, unless otherwise directed by the court.

(3) In its discretion, the court may appoint an attorney to represent the interests of a minor at the hearing on the petition for appointment of a guardian.

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

Re: ALL STATES INFO ON GUARDIANSHIP

Postby Dazeemay » Thu Oct 26, 2006 10:13 pm

Dazeemay wrote:You as parents are responsible to continue to keep updated on guardianship. Do not let it lax at anytime because if it has changed then who knows what will happen. Never think that this is a "golden answer" for your situation with cps.

POA's are limited in time. Some are for 90 days and some up to six months. POA's do not have the same laws governing them. Guardianships laws that Marina has posted is not the same as the POA

Also many states want you to use their forms to execute this POA (Power of Attorney or Guardianship)

POA's are not the answer for every state. I will try to find the ones that have them, but you must find the one for your state or you can have me help you if you can't find it.

If you can't find a POA it would be difficult to do a court guardianship because cps is involved. There are many places that have legal forms for all of the states in regards to a POA and so if you can't find your state statutes one can go ahead and chance that your state does not have specific statutes that would limit it you in doing this.
***********************************************
This link is to a Survey of All States Guardianships posted by Marina
http://www.aaml.org/files/public/Journa ... temporary'
************************************************
Alabama
http://www.legislature.state.al.us/Code ... 6-2A-7.htm

Section 26-2A-7
Delegation of powers by parent or guardian; parental authority.
(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary "delegation" of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.

(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.

(Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
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Alaska
POA Form
http://www.state.ak.us/guardianship/pdfs/Delegation.pdf
Statute
http://touchngo.com/lglcntr/akstats/Sta ... ion020.htm

Alaska Statutes.
Title 13. Estates, Guardianships, Transfers, Trusts.
Chapter 26. Protection of Persons Under Disability and Their Property; Powers of Attorney
Section 20. Delegation of Powers By Parent or Guardian.
previous: Section 15. Facility of Payment or Delivery.
next: Section 25. Appointment of a Guardian Ad Litem.

AS 13.26.020. Delegation of Powers By Parent or Guardian.
A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
**************************************************** Arizona http://www.azleg.state.az.us/FormatDocu ... ocType=ARS

14-5104. Delegation of powers by parent or guardian

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor.

Below is the link to the form they use.
http://www.law.arizona.edu/Depts/Clinic ... pbyPOA.pdf
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Arkansas
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California
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Colorado
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Connecticut
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Delaware
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District of Columbia
*****************************************************

Florida
****************************************************
Georgia


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Hawaii
*****************************************************Idaho
http://www3.state.id.us/cgi-bin/newidst ... 50050104.K

Idaho Statutes TITLE 15
UNIFORM PROBATE CODE
CHAPTER 5
PROTECTION OF PERSONS UNDER
DISABILITY AND THEIR PROPERTY
PART 1.
GENERAL PROVISIONS
15-5-104. DELEGATION OF POWERS BY PARENT OR GUARDIAN. A parent or a
guardian of a minor or incapacitated person, by a properly executed power of
attorney, may delegate to another person, for a period not exceeding six (6)
months, or in the case of military personnel serving beyond the territorial
limits of the United States for a period not exceeding twelve (12) months, any
of the parent's or guardian's powers regarding care, custody, or property of
the minor or ward including, but not limited to, powers for medical care and
educational care of the minor or ward, except the parent's or guardian's power
to consent to marriage or adoption of a minor or ward. The delegation for a
minor to a grandparent of the minor, or to a sibling of the minor, or to a
sibling of either parent of the minor, shall continue in effect until the time
period, or date, or condityon set forth in the power of attorney for automatic
expiration of the power of attorney occurs. If the power of attorney does not
provide a time period, or date, or condition for automatic expiration of the
power, the power of attorney shall continue in effect for a period of three
(3) years. The power may be revoked prior to the expiration of the three (3)
year period, or prior to the time period, or date, or condition for automatic
expiration, in a writing delivered to the grandparent or sibling by the
delegating parent or guardian. The power of attorney does not need to be
notarized or recorded to be valid. However, if the power is recorded, any
revocation of the power by a writing must also be recorded before the
revocation is effective.

The Idaho Code is made available on the Internet by the Idaho Legislature as a public service.
This Internet version of the Idaho Code may not be used for commercial purposes, nor may this
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Illinois http://www.operationhomefront.org/Benef ... tmlSpecial Power Of Attorney To Act "In Loco Parentis"
This is a common type of special power of attorney. The phrase "in loco parentis" means "in the place of the parent." This type of special POA grants parental authority to another (such as a babysitter) to perform a range of functions which can include picking up a child from school, buying food and clothing, and consenting to medical treatment of the child in the event of illness or injury. If you have children, you will almost surely want a special power of attorney to provide for their non-emergency medical care when you and your spouse are away. Service medical regulations clearly provide that your children may be treated if a true emergency exists, and you or your spouse cannot be reached. In a non-emergency situation, however, consent is required before treatment. The special medical power-of-attorney is, in effect, your transfer of your authority to consent to that treatment to another individual whom you have chosen to act for you. You cannot designate a medical facility; you must designate a specific adult or two.

Without this type of special POA a day care center, school, store, hospital or clinic, fearing legal repercussions, may refuse to follow the directives of the babysitter or other agent, and require the specific authorization of the actual parent. This grant of authority will assist the agent in the daily business of looking after the child, and can avoid unnecessary delays in emergencies. Furthermore, the special POA provides legal protection for the facility, and also for the agent who might otherwise fear taking action on behalf of the child.
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Indiana

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Iowa

Kansas

Kentucky

Louisiana
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Maine http://www.ptla.org/family/poachild.htm you can do this up to six months then renew.
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Maryland

Massachusetts
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Michigan http://courts.co.calhoun.mi.us/book003.htm

POWER OF ATTORNEY:

A parent or guardian of a minor may execute a power of attorney delegating the parent's or guardian's powers regarding the care, custody or property of a minor for a period not to exceed 6 months. MCL 700.5103; MSA 27.15103.

The power of attorney does not include the power to release a minor for adoption or to consent to adoption or marriage. The power of attorney cannot contain an automatic renewal provision, and any renewal of the power must result from another execution of the power for each period not to exceed 6 months. The attorney general has ruled that the power of attorney may not be used to establish school residency. Op. Atty. Gen. 1979, No. 5574, p. 393.

A power of attorney is ideal for use by parents who are going on a trip. In fact, when parents leave town even for a short period of time, parental powers should be delegated to someone to make decisions regarding a child(ren), especially those decisions involving consent to medical care. The advantages of a power of attorney over guardianship are that it does not limit the power of the parent to act if the parent so chooses, and the power of attorney does not have to be established in a court proceeding




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Minnesota http://www.revisor.leg.state.mn.us/stats/524/5-211.html

524.5-211 Delegation of power by parent or guardian.

(a) A parent, legal custodian, or guardian of a minor or
incapacitated person, by a properly executed power of attorney,
may delegate to another person, for a period not exceeding one
year, any powers regarding care, custody, or property of the
minor or ward, except the power to consent to marriage or
adoption of a minor ward.

(b) A parent who executes a delegation of powers under this
section must mail or give a copy of the document to any other
parent within 30 days of its execution unless:

(1) the other parent does not have parenting time or has
supervised parenting time; or

(2) there is an existing order for protection under chapter
518B or a similar law of another state in effect against the
other parent to protect the parent, legal custodian, or guardian
executing the delegation of powers or the child.

(c) A parent, legal custodian, or guardian of a minor child
may also delegate those powers by designating a standby or
temporary custodian under chapter 257B.

HIST: 2003 c 12 art 1 s 26

Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota.
Minnesota:At the very bottom of this page it gives the number 257B as an option. You have one year from the date the child/ren can go with the guardian. You must be careful because Ohio has one year without it being renewed. Here is a link to their form to use
http://www.dhs.state.mn.us/main/groups/ ... authority'
Link to 257b: http://www.revisor.leg.state.mn.us/bin/ ... apter=257b
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Mississippi

Missouri
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http://data.opi.state.mt.us/bills/mca/72/5/72-5-103.htm

72-5-103. Delegation of powers by parent or guardian. (1) A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 6 months, any powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
(2) The 6-month limitation provided in subsection (1) does not apply to:
(a) a member of the Montana national guard who serves for more than 180 continuous days on duty pursuant to Title 10 or 32 of the United States Code or on state active duty pursuant to Article VI, section 13, of the Montana constitution;
(b) a member of the active duty military forces of the United States; or
(c) a member of the federal reserves who serves for more than 180 continuous days on duty pursuant to Title 10 of the United States Code.
(3) As used in this section, "federal reserves" means the United States air force reserve, army reserve, navy reserve, marine corps reserve, or coast guard reserve.

History: En. 91A-5-104 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-104; amd. Sec. 1, Ch. 104, L. 1999.

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Nebraska
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Nevada

New Hampshire
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New Jersey
http://lis.njleg.state.nj.us/cgi-bin/om ... k=&record={1DC8}&softpage=Doc_Frame_PG42&wordsaroundhits=2&x=46&y=15&zz=

(UPDATED THROUGH P.L. 2006, c.97 and J.R.2)
TITLE 3B ADMINISTRATION OF ESTATES--DECEDENTS AND OTHERS
3B:12-39 Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

3B:12-39 Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

3B:12-39. Delegation of parent's or guardian's powers regarding ward's care, custody or property; limitations.

A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.

Amended 2005, c.304, s.27.
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New Mexico

New York

North Carolina

North Dakota
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Ohio http://www.ohiobar.org/pub/lycu/index.asp?articleid=374
Ohio link to the actual law and how to proceed with guardianship and it only states grandparents in this law. You need to call legal aid or an attorney to see if you can do a POA(Power of Attorney) for other relatives.
http://www.legislature.state.oh.us/bill ... _HB_130_PH

As of today 10-07-06 A bill is being introduced to change current law on POA. Instead of grandparents it reads person.

Now one could attempt to use this as a reason for doing a POA, (this is in their statute (c) Temporarily unable to provide adequate care and supervision of the child because of my physical or mental condition. I would say, due to the stress of these false allegations. I know that is far reaching, but when it comes to the lives of our children I would attempt it.

Be sure to note that the guardian has to file within five days at the court house. Also this is only for a year.

You must use their form or a form that is identical to their form.

http://www.legislature.state.oh.us/bill ... 126_HB_178

Now if CPS has contacted you, meaning a letter on your door that they want to visit you, called you, I would run to the courthouse and do this. If you signed any papers you can't do it. If you let them in your house; I don't know because you already gave up your constitutional rights. Personally I would attempt it.

Judicial circumstances in which use of Relative Affidavit is prohibited, such as custodial hearings pending or in progress (Sec. 3109.68)

So, if you have a custody hearing due to divorce or other causes (such as cps) this cannot be done. However, if you beat cps to the court house it could run in your favor, but not without a battle I am sure.
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Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota
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Tennessee http://tennessee.gov/sos/acts/103/pub/pc0071.pdf as far as I can see there is not limitation of time, but there are other laws within this law that states what you must do. Read this carefully and then draw up your guardianship papers.

States the law on Power of Attorney

http://www.state.tn.us/tccy/tnchild/t34 ... _part3.htm
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Texas
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Utah http://www.utahattorney.com/utahspirit/32.htm you must renew your guardianship every six months
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Vermont
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Virginia

School Enrollment of Children of Military Personnel Temporarily


http://www.pen.k12.va.us/VDOE/suptsmemo ... nf146.html
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF EDUCATION
P.O. BOX 2120
RICHMOND, VIRGINIA 23218-2120
SUPTS. MEMO NO. 146
October 9, 2001
INFORMATIONAL
TO: Division Superintendents
FROM: Jo Lynne DeMary
Superintendent of Public Instruction
SUBJECT: School Enrollment of Children of Military Personnel Temporarily Relocated Due to Deployment to Active Military Operations

As a result of questions from various school divisions regarding whether a Special Power of Attorney is sufficient evidence of custody under the Code of Virginia in which to allow the enrollment of a student as a resident of that school division, we asked the Office of the Attorney General for advice. The attached memorandum from the Attorney General concludes that during this time of both state and national states of emergency, a Special Power of Attorney (or substantially similar designation of a power of attorney), prepared and signed by a deployed military parent, is sufficient to have that child properly enrolled in the school division where the child resides with the designated caretaker.

If you have any questions, please contact Anne D. Wescott (mailto:[email protected]), assistant superintendent for policy and public affairs at (804) 225-2403.

JLD/ADW/jj

Attachment

http://www.pen.k12.va.us/VDOE/suptsmemo ... nf146a.pdf




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Washington

West Virginia

Wisconsin

Wyoming

Puerto Rico & The Virgin Islands
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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

jammie711
Posts: 2
Joined: Fri Oct 20, 2006 12:34 pm
Location: Amarillo TX

Postby jammie711 » Fri Nov 03, 2006 12:17 pm

My neice has been taken into Foster care. Her mother has been prooved to be on drugs and her father simply can't handle talking to Cps, he huffs and puffs and acts out. The whole family knew they wouldn't find him fit either so he hired an attorney and they got the judge to order a home visit on the only grandmother she has capable of taking her. They did it last week but now they are saying that we have been given a new case worker whom hasen't even met my neice yet or had time to look at her case. She is saying she will first have to reveiw the home study, then her suppervisor, then the judge and that they may not have time until closer to DECEMBER 20th!!!!!!!!!!!!!!!
I have never heard of anything so rediculous before in my life. They snatched her up on her birthday and we have not been able to see her scince yet her drug adicted mother has. They are telling her grandmother that because she is on the father's side of the family they may not let her have her due to his attitude and so called violent temper. Even though she told them she did not have a problem seperating himself from the father and wouldn't let him on her property if that is what they wanted.
This poor girl actually told her mother and her other case worker that she thinks we didn't want her any more, and she doesn't understand why she can't speak to her Nanny, momy or dady, there are aunts and uncles who could take her but all from his side of the family. The mother's entire family has been out of the CPS system their whole lives so they will not let any of them have or see her either.
What do we do to make them give temp custudy at least to her granmother. She is being truamatized by living with strangers. Our whole family is being torn apart with out her. I am not sure how much more her father our her granparents can take. We are all falling apart. We just need her with family.

SOMEONE PLEASE GIVE ME SOME USEFULL ADVICE OR I JUST MIGHT LOOSE IT!!!!!!!!!! We need to know that Kaley is ok and with family where she feels sacure. CPS could care less what they are putting her threw. PLEASE HELP!!!!!

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

Postby Dazeemay » Fri Nov 03, 2006 3:35 pm

and her father simply can't handle talking to Cps, he huffs and puffs and acts out
. Any parent would act out. It takes time to keep your cool and understand that you cannot lose it with them.

I am taking it that you do not see him as a violent person, is that correct?

The mother's entire family has been out of the CPS system their whole lives so they will not let any of them have or see her either
. Do you mean that they have been involved with cps? I am not sure what you mean by out.

How many hearings have there been?

I got your pm and will answer those questions?

There is a law that says the child/ren can go to the grandparents.

More later.
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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

jammie711
Posts: 2
Joined: Fri Oct 20, 2006 12:34 pm
Location: Amarillo TX

Postby jammie711 » Mon Nov 06, 2006 8:12 am

No he is not violent at all. He just can't be calm and collective, he just doesn't understand. And yes, Im sorry her mothe has been nvolved in drugs her entire life and CPS has taken her kids away several times, infact her 16 and 17 year old were just recently returned to her. I am asuming that is why CPS would not give the child to her mother.

User avatar
leave_us_be
Posts: 23
Joined: Sat Jun 02, 2007 11:24 am
Location: East Texas

Re: Guardianship terminology

Postby leave_us_be » Thu Jun 07, 2007 4:49 am

Marina wrote:In connection with federal programs for foster care and adoption, a number of states have established programs for "subsidized guardianship" and subsidized "kinship care" with varying degrees of control over families. These programs are probably effective where the parents are really messed up or absent and relatives have already assumed care for the children and need assistance.


I'm running out of options. At least, with Kinship, I will know where my children are...

Just as a clarification- I'm not and never have been messed up, absent, relatives have never assumed care for my children, and the only assistance I need at this point is legal advising.

I've never done drugs or drank. I've been a stay-home mom and worked part-time and gone to school while rearing my beautiful and well mannered sons. I've put all of my energy into being a Mom. They have above average IQ, and none of us suffer any mental ills other than "Adjustment Disorder"....GO FIGURE- THEY WERE KIDNAPPED BY PSYCHOPATHS AND FORCED TO LIVE AMONG STRANGERS. What do you prescribe for a broken heart, Doc?

I know of one other alternative... If you sign custody over to a relative, is it not true that after one year has passed they can sign them back over?? (I don't know how this works... and I might get paranoid and delete this comment...so hopefully you read it in time)

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Thu Jun 07, 2007 7:03 am

.

Here is the federal site which explains all the options.

http://www.childwelfare.gov/outofhome/index.cfm

Do a search for kinship care and guardianship on that website.

On the State Statutes Search, click your state and the options for "Placement of Childeren with relatives" and "standby guardianship."

http://www.childwelfare.gov/systemwide/ ... /index.cfm

There are restrictions on how it is done because of federal funding.

Go to your Juvenile of Family Court laws, and see what is says about other people getting the kids at the various court hearings. In Virginia, family or friends can come forward at the dispositional hearing, the foster care service plan hearing, the review hearing, the permanency hearing and the TPR hearing and ask for custody of the kids. At that point, the potential caregivers have to be determined qualified by court processes, such as background check, and maybe financial stability and adequate housing.

If the grandparents, for example, want to get foster care funding, then they have to go through the process of getting the foster care license. In some states where they have subsidized guardianship programs or kinship care programs, then the requirements may not be as strict. If the grandparents don't ask for foster care funding, but apply for food stamps, TANF and Medicaid, then social services is required to go after the parents for child support.

Search your state's website for references to "relative foster care," "kinship care," "subsidized guardianship," or whatever program your state has.

Whatever happens, it has to be court-ordered if the courts are already involved in the case.

If a temporary guardianship is set up before a child welfare case goes to court, then the parents have a better chance of being protected and having control.

.

User avatar
leave_us_be
Posts: 23
Joined: Sat Jun 02, 2007 11:24 am
Location: East Texas

Postby leave_us_be » Fri Jun 08, 2007 3:59 am

Marina...I looked and asked a friend about it but the only thing I'm finding is that this only applies to children who receive SSI. Do you have a direct link to something I can use?

onetnrose
Posts: 1
Joined: Sat May 01, 2010 8:50 am

Re: ALL STATES INFO ON GUARDIANSHIP

Postby onetnrose » Sun May 02, 2010 8:00 pm

The TENNESSEE form for POWER OF ATTORNEY FOR CARE OF A MINOR CHILD can be found at:
http://tennessee.gov/education/legal/doc/POA_Form.pdf

The TENNESSEE form for REVOCATION OF POWER OF ATTORNEY FOR CARE OF A MINOR CHILD can be found at:
http://tennessee.gov/education/legal/do ... cation.pdf

The 664 page document 2009 EDITION of TENNESSEE COMPILATION OF SELECTED LAWS ON CHILDREN, YOUTH AND FAMILIES can be found at:
http://tennessee.gov/tccy/TNCHIL.pdf

TENNESSEE FREQUENTLY USED FORMS (where the above came from) can be found here:
http://www.tennesseeanytime.org/forms/


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