Legal Question in Family Law in Pennsylvania

Will a power of attorney for a minor child be valid if the child is ruled dependent and placed in foster care? Will the child be placed with the person designated on the POA document?


Asked on 10/16/13, 2:37 pm

1 Answer from Attorneys

I do not understand the reference to a "power of attorney for minor child." There is no such thing. I am aware of parents being able to make a healthcare power of attorney on behalf of any minor children to enable the agent to be able to get medical care for the child if the parents are away. Example - parents go on a cruise and leave the kids with grandmother; while parents are away, child falls and breaks his arm. If grandmother had a healthcare power of attorney, she will be able to get treatment for the child without the parents being involved.

Powers of attorney cannot confer custody or guardianship of the child. And if the child is adjudged dependent and without proper care custody of the parent or legal guardian, any powers of attorney would be null and void. The foster parent would have the order and that would be enough to enable them to act on behalf of the child.

There is no guarantee that any designation of the parent relating to custody of the child would be honored. If the child is adjudged dependent, that means that CYS (children and youth services is involved). They may or may not deem the agent under this document to be a proper person to have custody of the child.

Why would the parent not enter into a valid custody agreement with the person and give the person temporary custody in that document or let that person bring a custody action rather than sit back and let CYS get involved and file a dependency action? This does not make sense.

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Answered on 10/17/13, 5:31 pm


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