SPARC Forums

my husband is the ncp of his 2 children, and they have been divorced for 4 years now. i have become the in between for him and his ex (i can sweet talk her whereas my husband looses his cool at somet of the things she tries to pull). more or less, i can stay calm and rational (i think its a woman thing) but anyhow, i do make all his calls for him (to the courts, to the dor, to the parenting coordinator) and now his ex is trying to say i need to stay out of it. i have never tried to over step my foot and i only do everything for my husband because he is not good with words, but i am getting sick of his ex accusing me of trying to take her place as a mother. i have a child of my own, and make sure my step children know that they only have one mommy and one daddy. my husband has signed a full power of attorney for me, and i was just wondering if this is a legal document so when they go to court, my husband can tell the judge or parenting coordinator that he has given me full rights to act on his behalf?

A principal, in this case, your husband, can revoke power of attorney at any time. If you go to court and he does so in open court, then your power to act on his behalf will terminate instantly.

In any case, the power of attorney is the power to act as an "attorney in fact," i.e., to be able to make binding decisions that will effect one's principal's rights and interests. The power of attorney does "not" extend the agent, i.e., you, the power to represent your principal, i.e., your husband in court.

If it did, no one would need a lawyer, and lawyers wouldn't need to pass the bar. They could just get a power of attorney from their client and that would give them the power to practice law.

.

Same answer -- stepkids can't grant power of attorney -- only a parent with legal custody can -- and a stepparent cannot represent his/her stepchild in court.