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How can we handle Power of Attorney over minor children?

Phoenix, AZ |

My mom left to Mexico last year, I am sponsoring her to become a legal resident in the U.S. She has two minor children whom she left in the care of her sister in Texas. The aunt has the Power of Attorney over the children but recently moved to AZ. Now, she wants to move to CA and leave the children with my brother & I. It has been decided the children will live with my brother due the fact that he has more room to spare. Do we have to get another Power of Attorney from my mom, can my aunt's Power of Attorney be somehow transferred to us or does my mom have to revoke the Power of Attorney she gave my aunt and sign a new one assigning it to us or to my brother since the children will be living with him? Please help!

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Attorney answers 3

Best Answer

You will need the mother to sign a new power of attorney. You will also want to make sure it includes the right to make medical decisions for the children. Some medical providers are very particular about the language that they will accept when a non-parent brings a child for a medical procedure. If the children are going to be residing in Arizona, it may benefit whoever is taking care of the children to file to obtain legal guardianship of the children while they reside here and their mother does not.

This information is provided for general informational purposes and is not intended as legal advice. An attorney licensed in your jurisdiction can answer questions specific to your specific fact situation and provide you appropriate advice as necessary based on the specific facts of your matter and the jurisdiction in which you reside. If you are in Arizona and interested in discussing your matter further I can be reached at: (480) 838-9000 Campbell Law PC 1839 S. Alma School Road, Suite 275 Mesa, Arizona 85210


You cannot "assign" a power of attorney. Your brother needs a new one from your mother.


I agree with Attorney McMahon. Please have your mother meet with an attorney to prepare the power of attorney. Good luck to you and your mother.

This information is presented as a public service. It should not be construed to be formal legal advice nor considered to be the formation of a lawyer/client relationship. I am licensed in Connecticut and New York and my answers are based upon the law in those jurisdictions. My answer to any specific question would likely be different if I were to review a client's file and have the opportunity to interview the client. Accordingly, I strongly urge you to retain an attorney in your jurisdiction with respect to any legal matter.

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