Power of Attorney


#1

I beleive I can. Does this look correct?

ncga.state.nc.us/EnactedLegi … 32A-1.html

Personal affairs seems to be the right thing to check on the page.


#2

That is an awful lot of legal paperwork to go through for a couple of days. Would it not be easier to give your husband a way to contact you and your ex?
If you are not accessable then, depending on your custody arrangement, your ex would be the one to make medical decisions. I would think that one or both of you would be able to be reached and that your husband being the children’s stepfather would be allowed to make some necessary judgement decisions should the need arise…


#3

We are looking for a more permanent solution. It’s just getting a paper notarized which should be easy to do. I just need to make sure i’m using the right one. My ex travels for business and to see his girlfriend in another state and typically doesn’t answer his cell phone. My ex has no issue with the POA. My husband typically takes the children to the doctor as well because I can’t get off of work all the time and my ex refuses to do so. This isn’t a problem so far because the dr hasn’t said anything but I do have a friend in a similar situation in which the dr won’t treat without the legal guardian or parent present. A step parent is not either.


#4

Do you have sole legal custody? If you have sole legal custody then you can ask your Husband to make decisions regarding the children in your absence, a power of attorney is generally sufficient to allow them to begin emergency treatment. They will begin emergency treatment after talking to you on the phone as well. If you have joint legal custody, then it might be best if you and your ex consent to the POA so that there are no issues down the road, but it is not absolutely necessary.

Helena M. Nevicosi
Attorney with Rosen Law Firm

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The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

I have physical custody but we have joint legal. I don’t see him fighting it either way because he likes the luxury of sharing the parenting responiblities with another adult since he’s not big on helping. He has joint legal basically because he thought it made him sound like a better dad that way but he doesn’t contribute to decisions even when asked. Thanks for the answer!


#6

I have to go out of town this weekend to attend a funeral. My ex also will be out of town on business. The children are staying with my husband while we are both gone. My only concern is if their is an emergency. Can I give my husband permission through a power of attorney to make medical decisions on my behalf? I’m getting conficting information via the web.