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Power of Attorney >> Granting Broad Powers >> POA for Grandparents

#19, posted 23 May 2022 8:31 am by Tanana102 words
My sister, a single parent, moved to Virginia a few weeks ago. She left her two small boys in my parents care (the boys' grandparents), while she gets settled. My parents live in Michigan. I've been placed in charge of getting the proper form in order to give my parents the power to make medical decisions for them and to possibly place them in daycare. My questions are:

Which form do you recommend and for which state, Virginia or Michigan?

Can one form be used for both children or do I need a separate form for each child?

Thanks for your help.


#20, posted 23 May 2022 6:27 pm by Tanana, in reply to #19425 words
Dear Tanana,

We understand from your post that your sister needs to issue a document that would authorize your parents to take care of her children for a limited period of time.

Your sister shall choose one of the following forms:

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

Among the powers discussed in a Non Durable Power of Attorney for health care of minor child are:

to decide what kind 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.

2. Limited Non-durable Power of Attorney for Child Care. This document is broader than the first one, and it is probably a better choice for your sister.

This type of Power of Attorney will authorize the grandparents of your sister's kids to perform all legal acts that she could have done herself as a parent.

A Child Care Power of Attorney authorizes the Agent to have temporary custody of an unmarried minor child with whom the minor child may reside and to make medical decisions in regards to said child. Parents may travel without their children but want someone else to care for the children and to consent to medical care in the event of an emergency.

By using this type of the Power of Attorney you can grant one or more of the following powers:

to authorize all necessary medical treatment, including surgery and hospitalization;
to provide for the safety of the child; his education and welfare (including placement to school and day care);
enrollment in sport activities;
signing documents in connection with the care and medical treatment;
to perform any parental acts in regards to discipline and supervision, arbitration of disputes, to act as a guardian for the custody;
other powers regarding your child (for example: travel arrangements, to pick the child up from school, etc). There is plenty of blank space in there so you can write specific powers you want to grant.

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

Best regards,
Customer Support


#21, posted 24 May 2022 7:07 am by Tanana, in reply to #2057 words
Thank you for you answer.

I assumed that I should use the Virginia form. Can you tell me how to give each grandparent the permission to make child care decisions separately?

Should I put both names on the appoint line, describe what I want in the additional powers section, or create two separate forms for each grandparent?


#22, posted 25 May 2022 5:07 am by Tanana, in reply to #21226 words
Dear Tanana,

Your sister may appoint multiple Agents to take care of her children. She has several choices in this regards. An important point is that if she appoints two or more Agents, she must decide whether they must act together in making decisions involving her affairs, or whether each can act separately. At the line that says “I appoint such and such… as my agent write two names, and further state that they have the power to make decisions separately. Depending on the children’s age and activities they perform, we would suggest the following:

1. One Power of Attorney form for two kids naming two agents - grandmother and grandfather, giving them power to act separately;
2. If the age difference of children is significant and they go to different schools and perform different activities: separate forms for each child naming both grand parents as agents and giving them right to make decisions separately;

She can also issue two separate forms for each child, where one of the forms will name a grandmother as an agent, and the other form will name a grandfather as an Attorney-in-Fact. We think that from the practical point of view, variants #1 and #2 look more attractive.

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

Best regards
Customer Support

Edited 25 May 2022 5:07 am by Customer Support