In March, 2018, Georgia’s Governor signed sweeping changes into law as to how and when a parent may delegate parental power. The law goes into effect on September 1, 2018.
Under this new law, parents may delegate certain parental powers regarding the custody and care of a child to third parties without court approval, subject to certain restrictions, which may include registration with the probate court, background checks and certain notice requirements. A power of attorney cannot be used to subvert a DFCS investigation or the intact custodial rights of another parent.
Depending on your circumstances, a power of attorney may be a more simplified alternative to a temporary guardianship. For example, a parent called overseas for military duty or a parent entering a rehabilitation program may consider executing a power of attorney to ensure that their child’s caregiver can easily attend to the child’s medical and educational needs while the parent is absent.
If you have questions about whether a Power of Attorney might be appropriate for your situation, contact Debra Finch to discuss your options.
