Legal Question in Family Law in Florida

Legal Guardian vs Power of Attorney for a minor

I live in california. My son lives in Miami with my mother. Must my mother become as my son's legal guardian, for issues related to medical decisions, or school issues. Is ther any other option


Asked on 6/05/03, 7:39 pm

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Legal Guardian vs Power of Attorney for a minor

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

A formal guardianship would be the best way to proceed. There are, however, various less formal ways to provide your mother with authorization to make medical, educational, and other decisions on behalf of your son. Contact an experienced Family Law attorney for specific advice and possible representation on your behalf.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 6/07/03, 3:36 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Legal Guardian vs Power of Attorney for a minor

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 you are instructed to stop here, and do not read any further.

Although a guardianship would be the best solution and would cover all situations, it is a costly procedure which you can probably avoid. You can have a Health Care Power of Attorney as well as a Durable Family Power of Attorney which would cover almost any situation. I do suggest that you contact Miami-Dade County Public Schools to confirm that it will satisfy their requirements as to school locations, contact, and ability to provide information regarding the child.

This is a serious legal matter and you are advised to consult with a competent Florida attorney regarding the specifics of your situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 6/09/03, 10:40 am


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