Power of Attorney

Updated on March 03, 2008
N.O. asks from Saint Francis, MN
11 answers

I am a foster mom of a female and am having a problem w/ her school/work program. Her bio mom lives in California and I want to get some type of power of attorney so that I can make choices for her. I have POA for medical but not everyday things--any advice.

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers



answers from Wausau on

Talk to the county agency that is handling her case. Ask if they would be willing to grant you limited guardianship. This would allow you to sign papers for school, work, etc.

More Answers



answers from Green Bay on

Here's what we use. I needed the same type of thing for stepsons. My husband had it notarized, and we haven't had any problems since! Hope this helps.


I, First Last , of 1234 This Ave , City, State , this _______ day of _________________, 20___, pursuant to the laws of WI governing the temporary delegation of parental powers by a parent or guardian, willfully and voluntarily appoint First Last as my attorney-in-fact and agent ("Agent"), with lawful authority to temporarily act as guardian, with full parental powers, of my minor children First Middle Last, dob 1/1.00; and First Middle Last, dob 1/1/00 ("Children").

My Agent may act for me and in my name in any way that I could as if I were personally present and exercising such parental power with respect to my Children's personal care, custody, travel, education, medical treatment, hospitalization and health care and to require, withhold, or withdraw any type of medical treatment or procedure, even though my children's death may ensue. My agent shall have the same access to my children's medical, school, or other personal and confidential records that I have, including the right to disclose the contents of those records to third parties.


My Agent is specifically prohibited from giving parental consent to the marriage or adoption of my Children.


No Person who relies in good faith on the authority of my Agent under this instrument shall incur any liability to me, my estate or my personal representative. In order to induce third parties to accept my Agent's authority, I hereby indemnify and hold harmless any third party who acts in good faith reliance on my Agent's directions concerning my Children.


My Agent's powers and authority enumerated herein shall be effective from the date I execute this instrument until revoked by me in writing or until such power is revoked automatically by operation of law.

IN WITNESS WHEREOF, I have executed this Power of Attorney this _____ day of __________________, 20____.

 First Last

SUBSCRIBED AND SWORN TO before me this _______ day of _____________________, 20____, by First Last .

My Commission Expires:

_______________________________ _____________________________________________
Notary Public
Residing at:____________________________________

2 moms found this helpful


answers from Milwaukee on

Hi N.,
We are treatment foster parents too, for medically fragile kids. Is there a TPR in the near future? You should be able to make everyday decisions regarding school. POA needs to be authorized by the bio parents. Are you having trouble with your social workers? They should be able to help you with this.

1 mom found this helpful


answers from Minneapolis on

Hi N.,
I'm a special ed teacher. Given that your foster daughter has medical needs, I'm going to make an assumption that she already has an IEP (Individualized Education Program). If this is the case, you could request an IEP team meeting. The biological mother would be invited. The team should make at least three attempts to invite the bio mom to demonstrate that they made a good faith effort to include her in the meeting. Since she lives in California, I'm guessing she wouldn't make it to the meeting. However, the team could offer to do a phone conference. The team can make the changes to the IEP that you suggest, assuming they are also in agreement since it is a "team" decision. Then, the document will be mailed to the biological mother for her signature. She can sign the paperwork and indicate whether she is in agreement or does not agree with the decisions. If she doesn't respond within 14 days, then the team can proceed with the changes in the IEP with implied consent. Long story short, you'd be jumping through some hoops to get permission to make changes, but you should be able to see some changes to the school/work plan in about two weeks.
It would make more sense for you to have the power sign off on changes. However, if that isn't an option, I hope you're able to follow this process and get your foster daughter the help she needs.

1 mom found this helpful


answers from Eau Claire on


I might need a little more specifics as to the trouble you are have with these programs; but to avoid all the legal ends of it, you should be able to be considered her guardian. Typically within a school system, a signiture from the legal parent for you to be her guardian for school type decisions is quite easy.

Talk to the school administration and the natural mother. If nothing else, they can point you in the right direction to get an answer.

Good Luck

1 mom found this helpful


answers from Davenport on

The best thing to do is to talk to the worker in charge of her case. They can talk to the bio parent as needed to get permission to do what needs to be done, or can go to a judge to get the permission needed as the child is a ward of the state. If it involves something financial, you may want to offer to cover part or all of the cost as it may be this issue alone that is causing the bio parent to refuse. The school/work program should work with you, if they don't, perhaps asking the worker to talk with them may be the key. The school/work program should be aware of the laws and may simply want reassurance that the childs legal guardian (the state represented by the worker) is in agreement with you before proceeding with any changes. Unless the bio parent has their rights terminated, it is doubtful that you will be able to get POA for anything beyond the medical.

1 mom found this helpful


answers from Milwaukee on

I used to work in the foster care system. Although it is pretty common to be allowed to make medical decisions if they have such special needs and the parents are far away, unfortunately it's pretty tough to get a judge to give you guardianship over everyday decisions. Usually if they do, it is only temporary and for 60 days and for a specific purpose. Talk to your social worker and see if they can advocate for you--this would be the best route to convince the judge. Also, talk to her attorney (I'm assuming guardian ad litem?) as they can be wonderful advocates as well.

Good luck and thank you for what you are doing. It's tough to find families to care for these children appropriately and lovingly--especially those with such high needs. God bless you!

1 mom found this helpful


answers from Eau Claire on

I currently work in the children's system and I would agree with Lindsay B. Talk to your social worker or the GAL or you could talk to your own attorney. If it is in the child's best interest to have you make those decisions then perphaps the mother's rights should be terminated and you should adopt. In my opinion, and I don't know much in this case, but if the parent is that far away, someone should be the guardian to make decisions for that child. Good luck and thank you for your love and dedication.

1 mom found this helpful


answers from Minneapolis on

First, thank you for being a foster mom. Without people like you children would be literally lost.
Second, how did you obtain the medical POA? Can you take that route? via the attorney or county?
Not great advice but I just think it's cool you're doing what you're doing. We need more good people!
Good Luck!



answers from Minneapolis on

I have foster kids and make all the decisions for them. I don't understand why you can't make decisions about her school/work program? What is it that you are trying to change? Our boys' parents didn't have any authority to make decisions for them, that was up to the county. The only things I would think you'd need permission for is maybe things like taking her out of school or something like that.
Have you asked social services for permission to do what you are wanting to do and they said no?
Good luck,
Mom to 4 and soon one more through another adoption. A 7 year old sweetheart with Angelman Syndrome - just like my 4 year old.



answers from Des Moines on

You can have the same attorney who did your POA do a academic release and have the bio mother sign it....it should state that the school should talk to you about any school related matters and vice versa. As long as they have the waiver notarized it should be fine. If you ask your attorney he/she would probably be able to have something for you fairly quickly.

For Updates and Special Promotions
Follow Us

Related Questions

Related Searches