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LAW NOTES
(PART I, PART
II, PART III)
Establishing the Right
to Make Decisions for a Child in Your Care - PART I
If a
minor child other than your own is going to be living with you for more than a
short time, you may need to make some decisions for the child regarding their
education, medical care, or finances. You may need documents showing that you
have the power to make these decisions for the child. Normally, a biological
parent is the person who has this power. However, the law allows someone else
to make these decisions if the parent agrees or if a court grants them the
power. This article will tell you about some of the ways you can establish your
power to make certain decisions for a minor child if the parent is unwilling or
unavailable to do so.
If the
child’s parents agree that you should be able to make certain decisions about a
child in your care, you should discuss with an attorney the possibility of using
a legal form commonly referred to as a power of attorney or temporary
guardianship form. (You should always discuss such matters with an attorney who
is familiar with the law in the jurisdiction in which you live. For example,
tribal and state law may have different requirements and restrictions).
This
document is a piece of paper that is signed by the parents giving you the power
to do certain things on behalf of the child. For example, if your grandchild
needs medical treatment, the doctor or hospital may want to deal only with
someone who has the legal power to make decisions. Without this form, you may
not be able to sign papers approving medical treatment that a child needs while
in your care. This document can list specific, limited types of decisions that
you have the power to make, such as medical decisions. This form can also give
you broader decision making authority, such as authority to make educational and
financial decisions concerning a child in your care.
This
document is good to use if: the child’s parent or parents are willing and
available to sign the form; you need to make decisions for the child; you need
this power for a short period of time; you and the child’s parents want the
parents to be able to take back their power quickly at a later time; and you do
not want a court involved.
These
sort of forms can be changed or taken away at any time by the parent. The
parents simply need to sign another document saying that they revoke the powers
that they gave you.
The next
article in this series will discuss what to do if the child’s parents are
unwilling or unable to give you the power to make decisions on behalf of a child
in your care or if the law of your particular jurisdiction does not recognize
this sort of document. Stay tuned!
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Establishing the Right
to Make Decisions for a Child in Your Care - PART II
A previous article in this series discussed the use of a power of
attorney or temporary guardianship form to establish the power to make certain
decisions for a minor child in your care. Those legal forms can be used when
the child’s parents agree that you should be able to make decisions for the
child. This article will discuss what to do if the child’s parents are
unwilling or unable to give you the power to make decisions on behalf of a child
in your care or if the law of your particular jurisdiction does not recognize
this sort of document.
Generally speaking, a person who has an interest in the welfare of a
minor child can ask a court to be appointed as legal guardian over the child.
The only way to become a legal guardian is to file a petition with the proper
court asking to be appointed as guardian. You should see an attorney to help
you prepare the forms for petitioning the court for a guardianship. The court
will schedule a hearing to decide if your particular situation justifies a
guardianship. You should be prepared to present testimony or other evidence at
the hearing to show why you should be appointed guardian.
The guardianship order will give you duties and powers relating to the
child’s well-being and the child’s property. The specific powers and duties
will depend on the type of guardianship you have as specified in the court order
appointing you guardian.
Once you are appointed legal guardian over a child, your guardianship
will be supervised by the court and you will be required to make various reports
to the court. The only way to end your guardianship is to go back to court and
obtain the court’s permission.
The next article in this series will discuss programs that may be
available to provide assistance to help you raise your grandchild. Stay tuned!
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Tips on Cutting
Through Red Tape - PART III
The previous article discussed some possible sources of assistance for
grandparents caring for their minor grandchildren. If you apply to receive
assistance from a tribal, state, or federal agency, the rules and paperwork can
be confusing. This article discusses some things you should keep in mind to
protect your rights when applying for assistance from an agency.
If you are confused by something you receive in the mail, or have a
question about your application for assistance, your should contact your
caseworker. If you are having difficulty getting information or making an
appointment, it is very important for you to tell your caseworker. If you have
to miss an appointment for some reason, it is better to tell your caseworker in
advance. Your reasons for missing an appointment will be more acceptable if you
call in advance. Sometimes, your caseworker might be able to help you solve the
problem that is making you miss your appointment (e.g. lack of transportation).
If you have to leave a message, tell the caseworker when and where you
will be available for a return call, and let the caseworker know when you will
try again. If your caseworker does not call back, or if you do not have a
caseworker yet, you should ask to speak to a supervisor. Usually, however, you
should not ask for the supervisor until you first try to reach your caseworker
and there is either an emergency, a deadline, a problem that you cannot resolve
with your caseworker, or your caseworker has not returned your calls.
If there is a problem with your case, you should first try to work the
problem out with your caseworker. If that does not work, you should discuss the
problem with the caseworker’s supervisor. If you still have not been able to
resolve your problem, you may want to request a hearing. You may also want to
request a hearing if you receive notice that the agency has taken some sort of
action (e.g. denied you benefits) on your application.
If you request a hearing, you should promptly seek legal advice about
your case. If possible, it can be very helpful to have legal representation
with you at your hearing. Be sure to follow any instructions and comply with
any deadlines in requesting a hearing. If you receive a notice from the agency,
the notice will usually contain instructions on requesting a hearing.
NOTE: Dakota Plains Legal Services is providing this information in
partnership with this newspaper as a public service. This article is not
intended as legal advice. Always talk to a lawyer before taking any legal
action.
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