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Power of Attorney vs Guardianship? ?

I will most likely have my boyfriends daughter by myself for a year (she is not mine biologically, her real mom is not in the picture and has lost legal rights...just fyi)

In order to put her in school, take her to the doctor etc. Do I need just a POA or guardianship? And what is the difference?


It is because of work schedules and location. We will be away weeks at a time from her dad while he is at work, and we want to make sure I can take care of everything.

Just fyi again (because sometimes people don't see it). Her moms not in the picture at all legally.

4 Answers

  • 1 decade ago
    Favorite Answer

    POA should be fine as long as it spells out everything that your allowed to do, like if she wants her ears pierced, that your allowed to sign for that, or to get her in school or to the Dr's etc. A guardianship would still probably be better, that way if something that you hadn't planned of pops up there aren't any legal barriers to you helping her.

    You could probably hire a lawyer on the cheap to help with the paper work and filing.

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  • 4 years ago

    I think this is an interesting question. Currently, adoption is portrayed to children in care other than adoption as the only way to make you part of a family; to give a child that sense of belonging. If children were able to understand they could still have their 'forever family' without needing to lose their identity, contact with first family etc, I believe most would opt for that option once all the emotion had been talked through. I am not sure Guardianship is the only way either though. I know in some places a Guardianship order would not be favoured by PAP's as this sort of order means the mother/parents of the child gets to make fairly important decisions in the child's life such as input as to what school they go to etc. I can see this being a problem point and it opens the floor for many days in court trying to resolve things. I do see the strong need for a Permanent Care order being brought in; one that gives stability to a child's life whilst giving the child unlimited access to his/her first family (if it is the wishes of the child otherwise a plan needs to be put in place with infants etc) and access to all their original paperwork and ONE birth certificate. I do not think adoption is good enough for any child as it has way too many flaws but as someone once mentioned in another answer, the powers that be need to use their imagination to come up with something that offers children who NEED to be in care the best of both worlds.

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  • 1 decade ago

    You would need your boyfriend to agree to a POA.

    The difference between the two:

    POA - Give a person power to do anything that you would do with respect to ... well everything

    Guardianship - Is a Probate court matter. You must prove that you are the biological or legal gaurdian. A court can grant gaurdianship based on both biological parents written agreement, with no contest of the child's maternal grandparents, aunts, and uncles and the same for the paternal immedaite family. Quite a lengthy court process. If both parents are willing to authorize you to be their child's legal gaurdian, then you already won round one! If the court grants you gaurdian of the minor child, you are legally responsible for this child 100%

    Hope this helped!


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  • Anonymous
    1 decade ago

    I know this doesn't answer your question but while my husband was deployed I was his POA. During our briefings they said I could do whatever I wanted in his name only. When I tried cashing a check in his name the bank refused. POA gives you the right to do everything however I learned the hard way that the places don't have to honor it.

    I took it to our Senator and that's what he told me.

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