Grandparent Power of Attorney Explained in Detail
It’s not uncommon for grandparents to raise and take care of their grandchildren if the parents are incapable or not around. For grandparents to take full-time care of the children, parents or legal custodians need to grant them legal authority, which a power of attorney (POA) can provide.
In this article, you can find all the necessary information about a grandparent power of attorney.
A power of attorney is a legal document used to transfer rights and responsibilities between two parties:
- Agent or attorney-in-fact
With a POA, the principal grants the agent legal authority to act, make important decisions, and sign legal documents in their stead.
Depending on the powers they want to grant, the principal can choose among several power of attorney types:
If the parents are alive and can be located, they can write a power of attorney letter and give the grandparents legal authority to take full care of the child.
Grandparents can become power of attorney agents if the parent is:
- Seriously ill
- Incarcerated or about to be incarcerated
- Temporarily unable to provide parental guidance or financial support
- Homeless or without a residence since the current one is uninhabitable
- Enrolled in a substance abuse treatment program
In the following table, you can check out which powers the grandparent POA grants:
|A Grandparent POA Gives the Right To:||A Grandparent POA Doesn’t Give the Right To:|
Grandparents’ rights are not the same everywhere. Some states took better care when regulating the legal authority people can obtain over their grandchildren, and Ohio is one of them.
In 2004, Ohio law was changed to provide grandparents two possibilities to gain care, control, and physical custody over children. The revised law enables grandparents to execute a:
- Power of attorney (with parents’ consent)
- Caretaker authorization affidavit (if parents cannot be located)
The grandparent POA can be filed only if it meets all of the following requirements:
- The grandparent(s) residence is in Ohio
- The child is under the age of 18
- There are no ongoing legal procedures involving the child
- The POA form is:
- Identical in content to the form prescribed by the Revised Code of Ohio
- The POA:
- Needs to be signed by at least one of the child’s parents
- Contains the address of each parent who signed the document
- Includes the name, address, and county of the grandparent(s) residence
- Contains the child’s name and date of birth
- Is properly notarized (dated and signed), sealed, and stamped by a notary public in Ohio
- Was signed and notarized within the past five days
- Is accompanied by a completed affidavit
A power of attorney for grandparents terminates whichever of the following occurs first:
- POA gets terminated by court order
- Child ceases to live with the grandparent
- Parent revokes the POA
- Child who is the subject of the POA dies
- Grandparent dies
Once you and the child’s parent(s) agree to execute a grandparent power of attorney, the next step is writing one. You can do so in a few ways, but one stands out—DoNotPay!
With the world’s first robot lawyer, you don’t have to pay an arm and a leg or worry if an online template will cover the specifics. We offer a simple and budget-friendly quick fix—the Power of Attorney product!
All you need to do is follow these steps:
- Access DoNotPay
- Locate the Power of Attorney feature
- Provide more information by answering our chatbot’s questions
DoNotPay will instantly generate a power of attorney document for you. Besides the POA letter, you will receive two notices—one for the principal and the other one for the attorney-in-fact.
POA documents often need to be notarized, and with our help, you can do it with zero hassle! Let us know if you need a notary for your power of attorney document, and we will help you set up a meeting in the blink of an eye.
A power of attorney is a substantial legal document, so it’s no wonder you have some questions regarding it. DoNotPay has answers to many of the POA-related questions, such as:
- What is a springing power of attorney?
- How can I take a power of attorney away from someone?
- What is a joint power of attorney?
- How can I revoke a power of attorney?
- What happens to a power of attorney after death?
- How can you write a power of attorney for mental illness?
- What determines the power of attorney over a parent?
- How does a bank power of attorney work?
- Can I have more than one power of attorney?
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