Legal Question in Family Law in Massachusetts
Power of attorney
Hello,
My ex-husband and I have joint custody of our two children. Recently, he was incarcerated and gave his sister power of attorney. Does this mean that she has any legal rights to my children or my decisions for them?
3 Answers from Attorneys
Re: Power of attorney
A power of attorney merely gives his sister the power to do those things he has designated in the POA in his place. If issues arise regarding the children, consult your attorney. Good Luck!
Re: Power of attorney
The Power of Attorney only allows her to act on his behalf when necessary. If the sister becomes a problem consult your attorney.
Re: Power of attorney
No.
I would simply write to sister, certified letter, and advise that you do not agree that she has any authority, and that she is not to attempt to exercise it.
You should also advise all doctors and schools that you are not in agreement.
Another route would be to be to go to court to obtain sole legal custody, and specifically to terminate any powers of attorney. If dad is going to be incarcerated for a while, the court is likely to consider this.
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