What Can I Do If I Have Power of Attorney Over a Child?

Question from Liz, What Can I Do If I Have Power of Attorney Over a Child?

Answer from AI:

If you have been given Power of Attorney (POA) over your granddaughter, you have the legal authority to make decisions regarding her schooling, medical care, dental care, and general welfare. However, without access to her documents and medical records, fulfilling these responsibilities can be challenging. Here are some steps you can take to address this situation and seek additional financial assistance.

Steps to Obtain Necessary Documents

1. **Contact the Parents**:
– **Written Request**: Send a formal, written request to the parents asking for the necessary documents. Keep a copy of this request for your records.
– **Certified Mail**: Consider sending the request via certified mail to ensure it is received and to have proof of delivery.

2. **Legal Action**:
– **Court Order**: If the parents do not comply, you may need to seek a court order compelling them to provide the documents. Consult with a family law attorney to understand the process and file the necessary paperwork.
– **Emergency Custody**: In some cases, you might need to seek emergency custody to ensure you have all the legal rights and access to her records.

3. **School and Medical Providers**:
– **School Records**: Contact her school directly. Provide them with a copy of the POA and explain the situation. Schools are often able to provide records to legal guardians.
– **Medical Records**: Similarly, contact her healthcare providers. Present the POA and request access to her medical records. Under the Health Insurance Portability and Accountability Act (HIPAA), you should be able to access these records as her legal guardian.

Financial Assistance Options

Given your limited income from SSI, there are several programs and resources that may provide financial assistance:

1. **Temporary Assistance for Needy Families (TANF)**:
– TANF provides financial assistance to low-income families. You can apply through your local Department of Human Services (DHS). [TANF Information](https://www.acf.hhs.gov/ofa/programs/tanf)

2. **Supplemental Nutrition Assistance Program (SNAP)**:
– SNAP, formerly known as food stamps, can help cover the cost of groceries. Apply through your local DHS office. [SNAP Information](https://www.fns.usda.gov/snap/supplemental-nutrition-assistance-program)

3. **Medicaid and CHIP**:
– Medicaid and the Children’s Health Insurance Program (CHIP) provide health coverage for children in low-income families. Apply through your state’s Medicaid office. [Medicaid and CHIP Information](https://www.medicaid.gov/)

4. **Social Security Benefits for Children**:
– If your granddaughter’s parents are deceased, disabled, or retired, she might be eligible for Social Security benefits. Contact the Social Security Administration for more information. [Social Security Benefits for Children](https://www.ssa.gov/benefits/)

5. **Local Charities and Nonprofits**:
– Many local organizations offer assistance with food, clothing, and housing. Contact local churches, food banks, and community centers for resources.

Legal Advice and Support

Given the complexity of your situation, it is advisable to consult with a family law attorney. They can provide personalized advice and help you navigate the legal system to obtain the necessary documents and any additional support you may need.

– **Legal Aid**: If you cannot afford an attorney, look for legal aid organizations in your area that offer free or low-cost legal services. [Legal Aid Society](https://www.lsc.gov/what-legal-aid)

Remember, while this information provides a general overview, each case is unique. Consulting with a legal professional will ensure you receive advice tailored to your specific circumstances.