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Power of Attorney >> Taking Care of Your Children >> Stepparents

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Discussion: Stepparents-
#89, posted 5 May 2022 6:49 pm223 words
heather (Offline)

Joined 5 May 2022 6:40 pm

1 post

I am wondering if anyone could give me some advice.

I have two children from a previous relationship, both their father and I have now remarried, and we all get a long very well, however we have ran into a situation...We need to know what we can do to get both their stepfather and stepmother some type of legal standing where they can make some medical discussion if the other parent was unavailable or unreachable?

We ran into this problem when my son wrecked his go cart and was at the hospital, they needed both the father and mother to consent to treatment and wouldn’t let the stepmother do it, I was thankfully I was there also, and they just happened to be in the room with him at the time the nurse came in, but what if they wouldn’t have been able to reach me and it would have been more of an "emergency" we have all discussed this, and have agreed...

we would like all four of us to be able to make the decisions, since we are all pretty much on the same page most of the time and we all trust each other, we need to know what we should do and what we need to do to make this a reality... any info is welcome and appreciated!


Edited 5 May 2022 6:49 pm by heather Reply  
#91, posted 6 May 2022 7:05 am, in reply to #89380 words
Customer Support (Offline)

Joined 26 Jan 2022 1:01 pm

144 posts

9.6/10 Rating
Dear Heather,

Thanks for visiting our discussion board.

As we understand from your post your children were not adopted either by your new husband or by your ex-husbands new spouse. Therefore, they did not acquire parental rights on both of your kids.

Our suggestion in these circumstances is the issuance of Powers of Attorney for each child.
That means that a natural father will give a Power of Attorney for the care of a child (or a Limited Power of Attorney) to a person he wants to designate as his agent (your current husband) in making health-related emergency decisions for both of your children.

By the same token, you, as a natural mother, will give a Power of Attorney for the same function to the children’s step-mother. You will have four Powers of Attorney all in all, two for each child.

We provide two types of Powers of Attorney that may suit your legal needs.
One of them, A Non-durable Power of Attorney for Physical and Health Care of Minor Child permits an Agent ("attorney-in-fact") to make decisions about the child's medical treatment for a limited period of time.

The powers you grant in the above mentioned document will terminate if you become disabled or incompetent.

A Non-Durable Power of Attorney for Physical and Health Care of Minor Child is valid for the time period that you specify in it, or until it is revoked by you.

Among the powers discussed in a Non Durable Power of Attorney for health care are:
to decide what king of health care is needed, what kind of medical treatment or hospitalization to choose, to withhold or withdraw any type of medical treatment or procedure, to make any necessary effort to prolong the child’s life in the absence of a parent, to have access to the child’s medical records.

You are not giving your agent the power or authority to authorize the termination of life-support, food or hydration systems.

Please note that the Nondurable Power of Attorney for Physical and Health Care of Minor Child (Medical Power of Attorney) must be dated and acknowledged before a notary public or signed by two witnesses.

Please note that Legal Helpmate is not a law firm and we do not give legal advice.

Best regards,
Customer Support


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