A March 15, 2017 Voices of New York article by Zaira Cortes, “How Undocumented Parents Can Protect Children Born Here,” describes accurately and poignantly the plight of parents who fear for their children if they are deported. The article discusses how parents can use powers of attorney to manage their property and care for their children. Unfortunately, the article leaves the readers with the wrong impression that an agent under the power of attorney has authority to both make decisions about the parent’s property and the personal care of children in a guardianship role.
A Power Of Attorney Is Limited To Financial & Property Decisions For The Parent
An agent appointed under a N.Y. power of attorney only has powers related to finances and property for the parent who created the power of attorney.
An agent under a power of attorney does not have the power to deal with a child’s health care, education, travel, and does not have the authority to sign documents for children. A power of attorney should not be used to express a choice for a child’s guardian.
An agent can be granted the power to use the parent’s money to provide support to children, as the parent would have done.
An agent named in a power of attorney should be absolutely trustworthy and responsible, as a power of attorney can be used as a “license to steal.” In New York, a person must use the required “statutory” power of attorney, which is hard to complete and sign correctly. Parents should work with a knowledgeable lawyer to make sure the power of attorney is valid.
A Power Of Attorney Cannot Be Used For Decisions About Personal Needs Such As Health Care & Where to Live
In N.Y., unlike some other states, a power of attorney is limited to financial and property matters of the person who created the power of attorney (for example, banking, paying bills, signing a lease). A power of attorney does not grant the agent any other decision making powers for the parent who created it.
The agent does not have the authority to make personal needs decisions for the parent such as those related to health care, medical treatment, or living arrangements.
A Designation Of Person In Parental Relationship Can Be Used For The Temporary Personal Care Of Children
For temporary “parental authority” over the personal care of a child, a parent can complete a “Designation of Person in Parental Relationship.” This document only lasts for a maximum of 6 months, from a specific date or future event (such as deportation), and it can be renewed.
A parent designates a person who will have “parental authority” to deal with school, child care, health care providers, and routine medical procedures. The parent keeps all parental rights. Although it is usually better to work with a lawyer if possible, this documents is “user friendly” and, if necessary, can be completed without a lawyer.
Certain Documents Deal With Property Matters & Other Documents Deal With Personal Care
These two documents are examples of key advance planning tools parents should consider. A power of attorney can be used for decisions about a parent’s property, including providing support to children. A designation of person in parental relationship can be used to designate a person to care for children on a temporary basis. These documents may be used with other documents to create a solid advance plan for parents, which hopefully they never have to use.
For more information, including other advance planning documents, go to the left side of this page and click on the Training Materials from the 3.9.17 webinar for the NY Immigration Coalition.
