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CindySue124 · Jul 6, 2009, 08:15 AM

Good Morning.

My sister wants me to take temporary custody of her daughter because of the situation she is in at the present time. Will Power of Attorney work? And if so, what assistance will I be able to get for her?

Her mother is unemployed and although she is married, her husband doesn't want to help take care of the daughter. She is 9 years old. I buy her clothes and send them to her and send her money whenever my niece needs anything regarding school supplies.

Thanks a lot... :)

JudyKayTee · Jul 6, 2009, 08:39 AM

Power of Attorney won't work.

You need to be appointed the child's legal guardian in order to enroll her in school, have input into her medical care and so forth.

What State? As far as assistance (I assume you mean financial assistance) it depends on the State, the type of guardianship, the other circumstances - at least in NY. In NY if you assume guardianship and apply for financial benefits the State looks to the parents to reimburse the State for that financial assistance.

stinawords · Jul 6, 2009, 08:40 AM

No, a simple power of attorney doesn't really mean much with a minor. You will have to have guardianship of her. I'm also not sure what you are looking for in the "assistance" department. Can you give me an example of what you think you can get? If you are thinking about food stamps it will really depend on what your income is more than just having and extra person in the house.

ScottGem · Jul 6, 2009, 08:41 AM

It should be a simple matter for you to be assigned as legal guardian if both parents are willing to do so. Check with the local family court (where the child lives) and find out what's necessary to get that done.