A Power of Attorney Is a Temporary Form of Custody
Video Transcribed: What is a power of attorney for custody in the state of Oklahoma? This is Tulsa Grandparents Rights Lawyer, Justin Mosteller, and I’m going to discuss this topic a little bit with you today, and hopefully, answer some of those questions you might have about it.
A power of attorney is a temporary form of custody that a parent or guardian of a child can grant to another individual so they have the right to make basic decisions for a child. It’s typically done when a parent knows they’re going to be away for a long period of time and need somebody to take over raising the children for that short period.
Powers of attorney are typically time-limited in the text of the document itself; I have yet to see a power of attorney that’s indefinite in my practice, so this is really a temporary document. It does not change legal custody; that is an important distinction.
It’s also not that useful in the context of a parent who is unfit or unavailable. Unfitness and unavailability really require a guardianship, or even adoption, to take care of the situation. A power of attorney is typically a parent might be deployed overseas, that type of thing, and it really is limited in what it can do.
It does give the holder of the power of attorney the right to make decisions and actually be the guardian for purposes of schooling and those types of issues. But in fact, in some school districts around Tulsa, a power of attorney is not enough to enroll a child in school; they actually require a guardianship.
Hopefully, this has answered some of your questions about the power of attorney. If you’d like to speak with us, please reach out to speak with a grandparents’ rights attorney.