Saturday, October 26, 2013

POWER OF ATTORNEY for Parent going into Drug Rehab

AVVO QUESTION 10/26/13:I am on probation if I go into rehab my ex will fight for my daughter. My family stated of need be they will take my daughter.What do I do?


I will presume you are on a criminal probation and you have a drug problem. Since you stated your concern your” ex will fight for your daughter “ it appears your have physical custody of your daughter. If your custody is challenged the criminal probation and drug use will work against you in a Best Interest Factor analysis MCL  722.23 . On these facts  being in rehab should not. What is important is that your daughter is taken care of. Do not leave the child with a family member without  also giving them legal authority through a power of attorney as your agent.


I found the following information.see sources below.

Step 1: Determine who you want to name as agent ..
An agent should be someone in whom you have  highest degree of confidence.

Step 2: Determine the extent of the powers delegated to the agent.
Most parents will wish to delegate full power to the agent to do everything required for the child’s care.
SEE-MCL.700.5103  Delegation of powers by parent or guardian
Sec. 5103.  (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward or to release of a minor ward for adoption.

(2) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides a delegation under this section is effective until the thirty-first day after the end of the deployment.

(3) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.
As amended by 2000 PA 54 (eff. Apr 1, 2000), 2004 PA 93 (eff. May 7, 2004).

Step 3: Include examples of the types of powers that you are  delegating.
Some examples of power delegated to the agent are the power to consent to
  • any medical, diagnostic, or surgical procedure
  • any dental procedure
  • use of any medication or other items related to the child’s health

Step 4: Have the document signed, witnessed, and notarized.
While a delegation can be executed without  any judicial proceedings, it must be signed, witnessed, and notarized.

When to Use

A delegation of parental powers is frequently used when parents take a vacation or when a parent joins the armed forces. A delegation of parental powers may also be used to avert a guardianship proceeding if a parental surrogate is needed for a relatively short time due to a parent entering drug treatment or being sent to prison.

You should desire to vest in the agents full powers as a substitute parent  to do anything and everything required for the child’s care You should the agent as your attorney-in-fact to do any of the things you, as parent could do on behalf of your child, including, but not limited to the following:
  1. Give parental consent to any medical, diagnostic, or surgical procedure and/or other treatment of any type or nature;
  2. Give parental consent to any dental procedure;
  3. Give parental consent to admission to any hospital or medical center;
  4. Give parental consent to the use of any drugs, medication, therapeutic devices, or other medicines or items related to the child’s health; and
  5. The power in general to take and authorize all acts with respect to our your health and wellbeing, the same as we could do.

Primary Sources

SEE-MCL.700.5103  Delegation of powers by parent or guardian

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