While the term “grandparent’s rights” often brings to mind grandparents who have been denied visitation with their grandchild, grandparent’s rights actually encompasses broader issues. For many grandparents, obtaining visitation is not an issue because the grandchild lives with the grandparent. A grandparent can be placed in the position of primary caregiver for their grandchild due to a number of situations. Some possible scenarios include:
- The child’s only parent dies
- The parent neglects the child or is unwilling to act as a fit parent
- The parent is unable, due to a disability, to care for the child
- The child’s parent is in prison
- The parent is a drug user or on a drug binge
- The parent is in the military
- The child’s parent is mentally unfit
- The child’s parent is very young and plans to leave for college
Often, grandparent caregivers are left to figure out the situation all on their own, and frequently many legal questions arise. Grandparents may find themselves asking questions such as: how do I receive my grandchild’s report card? Get a social security card? Obtain immunizations? Obtain health insurance? Authorize medical procedures? Get my grandchild’s birth certificate? While many professionals, such as doctors and teachers, will work with you, there will usually come a time when you need to have legal documentation as to your legal authority over the child.
There are several different ways to obtain the legal authority you need. Below, we discuss power of attorney as one such option.
Power of Attorney
Power of attorney is an excellent, easy to obtain short term fix that will provide you with legal authority. Power of attorney will be simplest to achieve if your grandchild was voluntarily left with you. This can occur when your child is on military leave, takes an extended vacation, or is hospitalized for a long period of time.
To obtain power of attorney, you will need a notarized statement from the child’s parent(s) setting out what the grandparent, or other relative, is allowed to consent to or have access to. For instance, the power of attorney may grant the grandparent full power to consent to medical decisions for the grandchild.
The power of attorney should be copied and copies provided to the respective agencies that require them, such as the child’s doctor, the dentist, the school, etc. The grandparent should retain the original. Some agencies will actually request an original. For this reason, it can be helpful to have the parent sign multiple original copies.
Though power of attorney is an excellent short term option, it is not a perfect long term fix. If the grandparent has full custody of the child and will have to insure the child or apply for public benefits on behalf of the child, the grandparent is going to need something more substantial.
Any grandparent who has been left in the custody of their grandchild should consult with a knowledgeable family law attorney as soon as possible. A family law attorney will assess your individual circumstances and be able to guide you to the best way to establish a legal relationship between you and the grandchild in your care.
McDowell Chartered: Helping Grandparent Caregivers
At McDowell Chartered, our Kansas Family Law Attorneys provide compassionate, knowledgeable legal services to grandparents seeking to create a legal relationship between themselves and their grandchild over whom they have de facto custody. We understand the importance of establishing this legal relationship so that you can carry out your noble task of raising your grandchild. Call us today at (316) 269-0746 to see how we can help you.
