Legal Question in Family Law in Michigan

My daughter has sole phsical custody of my grandson. She recently went into a rehab clinic for 3 - 6 months. She gave me power of attorney for my grandson while she is 3 hours away at the clinic. The father now wants to have a custody hearing to try and get custody. Can I us the power of attorney to represent my daughter.


Asked on 4/20/10, 12:12 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

You can try, but the court most likely will not proceed in her absence. Can she hire an attorney? You should at least appear in court for any hearing and explain to the court the reason for your daughter's absence, so they do not grant the father's request, thinking the mother simply didn't show up. Your power of attorney likely only grants you authority to seek medical attention and/or make decisions regarding the son. Even if it did grant you power to engage in legal proceedings or act as her "attorney," the court most likely will not let you act as such - only a licensed lawyer can represent another person in a proceeding (unless you were your daughter's legal guardian).

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Answered on 4/26/10, 4:12 pm


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