My goddaughter’s mom is in jail. She gave me general power of attorney. Does that give me right to act on the child’s behalf as well? As far as her care?
Guardianship My goddaughter’s mom is in jail.
No. Petition the court for temporary guardianship.
David P. Slater, Esq.
5154 Windsor Parke Dr.
Boca Raton, FL 33496
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney’s individualized advice for you. By reading the “Response” to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No. Unless the power of attorney gives you specific powers to take care of the child and make decisions, it will not be effective. You should have an attorney draft an instrument for you to take to the jail for her to sign giving you the necessary powers if she is incarcerated for a temporary period. If it will be for an extended period, you and she should discuss a temporary voluntary guardianship for the child.
Scott R. Jay, Esq.
Scott R. Jay
Law Offices of Scott R. Jay
1575 Northeast 205th Street
Miami, FL 33179-2133