Sister wanting custody of brother

[Ang_]

I'm trying to get the paperwork together for a friend of mine ("Marie") who is wanting custody of her brother. Their Mom will not have any objections to her taking "Chris". Marie lives in North Carolina and Chris lives in Texas. I live in Texas as well and will be getting the paperwork together having their mother sign and then putting Chris on a plane to North Carolina with the paper work so Marie can then add her signatures at the notary.

Is a simple Power of Attorney enough between Marie and her mother stating that Marie would be the power of attorney for Chris? Is there a special power of attorney between states or is it generic?

I'm basically looking for the necessary paperwork for Marie to get him in school, medical care and over all provide for him. And do all of this without going to court or hiring a lawyer. Chris is 12yrs old.

Any suggetions/comments welcome.

 

[Michael Wechsler]

A power of attorney is not the same as having a court grant the sister the legal guardianship of a minor. A "power of attorney" means that a person can sign (like an agent) for and make decisions for another person, for example the ability to make financial decisions, medical decisions, etc. Guardianship will likely be required in order for a child to be placed on the guardian's insurance policy. You will probably want to discuss the process with a family court clerk.

HOWEVER, be very careful with this and think over what all of it means. Having custody of a child as a guardian creates a legal responsibility on the guardian. It might be position that is difficult to relinquish. Serious life decisions need to be made. This is not something as simple as a power of attorney, which can be limited or revoked more easily.