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Author Topic: Power of Attorney?  (Read 3691 times)


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Power of Attorney?
« on: Jul 27, 2009, 10:05:20 AM »
I'm new to SPARC--just found it, but wished I had years ago.

Introduction (condensed version of a VERY long story): I've been divorced for 3-1/2 years. 1 child involved. Both me and my X are remarried now. VERY long protracted and nasty legal battle to get settlement agreement changed because X changed the circumstances. We each spent about $60k on attorneys, now we're both broke and representing pro se. My X is very manipulative and always has something up her sleeve to try to extract more $ from me--e.g., I only found out she remarried in court hearing about alimony. The court has been VERY slow: took several months to rule on child support changes after I filed Emerg. Motion when I lost my job and filed bankruptcy. Now taking several months to rule on alimony termination. Now I lost my job again a year later and filed another Emerg. Motion. Child support agency filed a motion months ago re: arrears when I was unemployed--still no hearing set on that one--they are disorganized but being nice about it.

Here's the question: My X asked if her husband--the child's step-father--can have power of attorney in case I can't be reached (1st it's odd that she asked--she never asks for anything, just tells or does). Obviously, my wife should also have it if he gets it. But I've seen some disturbing discussion on this forum about POA--like removing birth-parent from child's school records. Considering my X has custody 95% of the time, is POA really necessary? I have my cell phone with me all the time. It's my X that is hard to reach--she refuses to get a cell phone and lives in the middle of nowhere (probably no service anyway).

What could be up her sleeve with the POA request? I suspect everything she does.

Thanks for any help on this.


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Re: Power of Attorney?
« Reply #1 on: Jul 27, 2009, 11:06:56 AM »
I personally wouldn't agree to it just for the reason you mentioned, plus a few more.    Maybe per her attorneys advice she is asking you because you have shared legal custody?


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Re: Power of Attorney?
« Reply #2 on: Jul 27, 2009, 12:22:29 PM »
Your ex does not need a POA from you. She can "extend" her own rights over her hubby with a POA from her to him.
My Husband has a son (now grown). When SS was about 8, we looked into a POA, because occassionally DH would have to work on his weekends for 4-6 hours. BM's home was a 6 hour round trip. SS was starting into a gawky stage, so in the case SS needed emergency treatment while DH was at work, I could sign. It was a limited POA specifically involving issues related to SS. It also listed my ability to discuss SS with medical or school officials.
When we did this, I insisted that we send a copy of it to BM and talk to her on the phone that the reason was to protect SS until one of his bio parents could arrive, or if DH was incapacitated or killed, then DSHS/CPS could not put SS into the system while his mother made the trip to pick him up. BM accepted this more readily than many other things, but it was a specific POA and it only had to do with DH's rights as they stood.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.


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Re: Power of Attorney?
« Reply #3 on: Jul 27, 2009, 12:54:46 PM »
Nope...if you bring child into any emergency room they will treat an "emergency" without consent. The dr can call either parent to get consent after that...
Weird she is even asking because as the other poster said, she can give POA to him with asking you...so why?
My DH takes my daughters to the dentist and he just took my oldest to the dr this AM, no one asked who he was!


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