momof3boysNC
Junior Member
What is the name of your state (only U.S. law)? North Carolina
I apologize in advance for this being lengthy I want to make sure I give all information possible.
In October of 2009 My husband and I signed a Power of Attorney for the Care of Minor Children and asked my Mom-In-Law to temporarily physically care for our 3 children due to financial hardships and an eviction from our residence. My husband had a job opportunity 3 hours from where my MIL lived and we were not going to be locally available to take care of medical and school related things so she was going to need something giving her authorization to handle those things. We had sat down and verbally discussed everything and decided on the POA because I was not comfortable giving her actual custody and a POA in NC is supposed to be revocable by the Principle (in the case my husband and I) at any time for any reason. The original plan was for the arrangement to only be for a few months however things did not progress as quickly as we had hoped and it has now been nearly 2 years but we are finally financially able to care for our kids again.
Prior to signing the POA all parties involved (my MIL, my husband and myself) sat down and verbally discussed and agreed on everything, things she wanted to see us accomplish prior to taking the kids back (jobs & suitable residence). However at the time of signing when we met her at the notary office (POA's do not have to be filed with the court in NC) she brought the papers in and had added a sheet to the back she typed up and called
"Power of Attorney Termination Criteria"
*One or both parents are gainfully employed and have been employed by the same employer for a period of time to show permanent employment
*Parents have provided adequate housing for the children
*Parents are able to provide children with all necessities IE: medicine, clothes,food and expenses related to school & extracurricular activities.
*Mother has learned to drive and has obtained a drivers license as to be able to pick the kids up from school if sick, take them to Drs. appointments, get them in sports, scouts or outside activity of the children's choice and be able to take them to and from said activities
The POA form we used was purchased off a legal website and is an official legal form, the "termination criteria" is not a legal form and was something the MIL invented herself. On the legal POA form where you put in the dates of effect she had put in the accurate start date but for the end date she put "see page 5" which is the "termination criteria" page.
We were forced to sign the POA with the attached paper under duress. We had already sent all of the kids belongings to the MIL's house, everything else was in storage, and our car was packed with what little belongings we had to stay at a hotel in the town where my husband had a job opportunity. The MIL was paying for the hotel and the conditions of her doing so was we sign the POA. If we did not sign it the way it was with the added form she was not going to pay for the hotel and keep the children and my husband, myself and my children would be without any where to go.
We have met all of the agreements except obtaining my drivers license. My husband and I both have had jobs for 6 months, we have maintained a suitable residence large enough for the kids for 6 months, can financially provide for the kids, and have made transportation arrangements with neighbors and friends for carpooling the kids to activities, and I can take a cab for drs. appts.
My MIL is refusing to return the kids stating that we have to have our jobs for at least a year (even though no specific time was given in the termination criteria), and that I have to have my license. My license was never verbally discussed prior to signing and would not under ordinary circumstances have ever been agreed to as a stipulation.
My questions are first, does the "Termination Criteria" trump my ability to revoke at any time even prior to a stated ending date (as stated by NC law). Secondly, can she use the POA to file for custody under abandonment without our knowledge since she has been caring for the kids for more than 6 months.
The POA doesn't have to be filed with the courts to be legal in NC and to my knowledge hasn't been, it has been notarized however.
I apologize in advance for this being lengthy I want to make sure I give all information possible.
In October of 2009 My husband and I signed a Power of Attorney for the Care of Minor Children and asked my Mom-In-Law to temporarily physically care for our 3 children due to financial hardships and an eviction from our residence. My husband had a job opportunity 3 hours from where my MIL lived and we were not going to be locally available to take care of medical and school related things so she was going to need something giving her authorization to handle those things. We had sat down and verbally discussed everything and decided on the POA because I was not comfortable giving her actual custody and a POA in NC is supposed to be revocable by the Principle (in the case my husband and I) at any time for any reason. The original plan was for the arrangement to only be for a few months however things did not progress as quickly as we had hoped and it has now been nearly 2 years but we are finally financially able to care for our kids again.
Prior to signing the POA all parties involved (my MIL, my husband and myself) sat down and verbally discussed and agreed on everything, things she wanted to see us accomplish prior to taking the kids back (jobs & suitable residence). However at the time of signing when we met her at the notary office (POA's do not have to be filed with the court in NC) she brought the papers in and had added a sheet to the back she typed up and called
"Power of Attorney Termination Criteria"
*One or both parents are gainfully employed and have been employed by the same employer for a period of time to show permanent employment
*Parents have provided adequate housing for the children
*Parents are able to provide children with all necessities IE: medicine, clothes,food and expenses related to school & extracurricular activities.
*Mother has learned to drive and has obtained a drivers license as to be able to pick the kids up from school if sick, take them to Drs. appointments, get them in sports, scouts or outside activity of the children's choice and be able to take them to and from said activities
The POA form we used was purchased off a legal website and is an official legal form, the "termination criteria" is not a legal form and was something the MIL invented herself. On the legal POA form where you put in the dates of effect she had put in the accurate start date but for the end date she put "see page 5" which is the "termination criteria" page.
We were forced to sign the POA with the attached paper under duress. We had already sent all of the kids belongings to the MIL's house, everything else was in storage, and our car was packed with what little belongings we had to stay at a hotel in the town where my husband had a job opportunity. The MIL was paying for the hotel and the conditions of her doing so was we sign the POA. If we did not sign it the way it was with the added form she was not going to pay for the hotel and keep the children and my husband, myself and my children would be without any where to go.
We have met all of the agreements except obtaining my drivers license. My husband and I both have had jobs for 6 months, we have maintained a suitable residence large enough for the kids for 6 months, can financially provide for the kids, and have made transportation arrangements with neighbors and friends for carpooling the kids to activities, and I can take a cab for drs. appts.
My MIL is refusing to return the kids stating that we have to have our jobs for at least a year (even though no specific time was given in the termination criteria), and that I have to have my license. My license was never verbally discussed prior to signing and would not under ordinary circumstances have ever been agreed to as a stipulation.
My questions are first, does the "Termination Criteria" trump my ability to revoke at any time even prior to a stated ending date (as stated by NC law). Secondly, can she use the POA to file for custody under abandonment without our knowledge since she has been caring for the kids for more than 6 months.
The POA doesn't have to be filed with the courts to be legal in NC and to my knowledge hasn't been, it has been notarized however.
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