Child Custody & Power of Attorney?

Child Custody & Power of Attorney?
Dept of Social Svcs has custody of my best friends children and has for about 2 years. I have an old power of attorney (4 years ago dated & notorized) from her that gives me right to see after her children. Is the power of attorney still effective? Can I go to DSS and demand that they give me her kids? They are ready to terminate her parental rights and I want to adopt those children. Where do I stand with my paper?

One thought on “Child Custody & Power of Attorney?

  1. Re: Child Custody & Power of Attorney?
    A power of attorney (POA) has nothing to do with custody or adoption. Although I have not reviewed your POA, what it likely gives you is the power to attend to financial matters involving the children. The POA does not give you any rights over the care that is now being provided through the authority of DSS. Unless your friend gave your power of guardianship, you have no legal basis to pursue concerning the document you mention. You MAY have other bases upon which to act. A termination of parental rights is something that the courts will not take lightly. A formal adoption proceeding may be possible but this involves both parents. Guardianship may be another option.

    Please understand that your inquiry is not a basis for reliance on this response as legal advise. Where you are confronting a legal issue, you should consult with an attorney so that adequate information can be conveyed to the attorney to provide you with legal advice. Where children and custody matters are involved, the specific advice of an attorney is highly recommended.

    G. Joseph Holthaus III
    Law Offices of G. Joseph Holthaus
    2255 Daniels Road
    Ellicott City, MD 21043

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