How Power of Attorney Protects Your Children

Every estate plan should include a General Durable Power of Attorney. Your Power of Attorney is the document in which you name the person(s) authorized to step into your shoes and act on your behalf to the extent specified within that document. The designated person is commonly referred to as an agent or attorney-in-fact. The authority bestowed within your power of attorney typically includes the authority to address the financial aspects of your life including things like paying your bills, managing your assets, collecting income, among other authorities and powers.

Additionally, within your Power of Attorney you can designate a temporary guardian for your child(ren). With this power, the temporary guardian will have authority over the child(ren)’s care, custody and property. Pursuant to New Jersey law, the temporary guardian can serve for a period of up to six months. Further, if the other parent of the child(ren) is alive and has capacity, he or she must consent to the designated temporary guardian taking custody of the child(ren).

Establishing a Power of Attorney to designate a temporary guardian for your children is an efficient and effective way to protect your children and minimize the stress and trauma associated with a parent’s sudden and unexpected incapacity. Moreover, through such planning, you can ensure a the person that you trust will be able to step in and care for your child(ren) as needed should you unexpectedly become incapacitated due to illness or other circumstances, until such time that you recover. The designated temporary guardian can be another family member, trusted friend or even a neighbor.

If you would like to learn more about protecting your children with a Power of Attorney, the skilled and knowledgeable New Jersey attorneys at Lyons & Associates have extensive experience in addressing this issue. We invite you to contact us online or give us a call at our office at 908-575-9777 to schedule a confidential appointment with one of our attorneys.

By: Joanna R. Adu, Esq.

• Category: Family Law