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Designating a POA for minor child if something happens to me?

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jrini

Member
What is the name of your state? Ohio

I'm the mother of an almost 3y/o boy who has a brain tumor. His father is not in the picture at the moment. There is a CPO that covers both myself and our child (there was dv to myself and then pending child endangering charges from him dui with our son). CSB investigated the child endangering against ex and substantiated it, criminal charges are all still pending. Obviously if something happened to me say, tomorrow DS probably wouldn't just be placed with Dad.

My concern is down the road, say he gets his act together (which of course would be a good thing) and something happens to me. Obviously I can't will my child to someone (and wouldn't even want to if Dad isn't a trainwreck at the time) and most likely DS will go with Dad unless Dad is unfit at that time. What I want to know is if I can put a POA for Healthcare (which would be my father) for my son in case anything happens to me. Is that even possible? Dad doesn't have much knowledge about the treatment options ect of DS's type of BT, it's something I've researched extensively to ensure the best care for DS and hope if something ever happens to me I have someone there overseeing DS's care in the same manner I have. So basically I would like to have my father be there as a second person who legally has a say on medical decisions on my sons behalf if anything were to happen to me, my goal isn't to make it so that Dad has no say - just not the ONLY say.

Would something similar to an Ethical Will also be appropriate in this situation? Something outlining my feelings and wishes regarding my son and certain medical procedures, treatment options, places/specialists I'd favor working with, ect. I know that an Ethical Will isn't something legally enforceable but if my father had legal say for medical decisions he'd try to make sure my wishes were followed when appropriate (ex most likely would not).

So is this possible and/or enforceable? If so, how do I go about it?What is the name of your state?What is the name of your state?What is the name of your state?
 


FlyingRon

Senior Member
This is extremely specialized and there are special issues with guardianship and advance medical directives for minors. Your "feelings" are not of primary legal concern. You should find a lawyer who specializes in this sort of issue.
 

jrini

Member
So it is possible to designate a POA for a minor? I figured if it was I'd need an attorney due to the complexity of it, I just wanted to get an idea of if it's even plausible before contacting one.

There is so much complexity with regard to treatment of brain tumors in children, not to mention long and late effects of treatment and how those are dealt with. I just want to make sure if anything happens to me my son will still have a knowledgable advocate. I'm young and in good health, but considering his medical needs I need to consider what happens if I'm gone.

ETA: I'm not sure if this makes any difference on whether or not I can designate a medical POA, but Dad and I were never married and I have sole legal/physical custody as of now.
 
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You need to consult an attorney and have a guardian named for your son in the event you are unable to care for him due to death/disability. You should also consider a trust for whatever assets exist at the time of your death.

However, as pointed out, this is a highly specialized area of law, and expertise is required.
 

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