Understanding Power Of Attorney

Summary

The user is a mother in Kansas who is being asked to sign a power of attorney for her son by her in-laws due to her current lack of housing. She is concerned about potential traps in the document. She is advised that in Kansas, a power of attorney can be revoked at any time by the person who created it, and that signing it does not relinquish her parental rights. She is also advised to consider making changes to the document to ensure she can retrieve her son without issues after three months. The user and her husband are both employed and are actively seeking housing.

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Krystal
Nice to meet you, Krystal. Could you please describe the legal issue you're facing?
Mother in law is trying to get me to sign a power of attorney for my son for 3 months. I dont want them to screw me over.
What is the reason your mother-in-law is asking for this power of attorney?
We currently have no where to live and they want legal authority over him
What state are you currently residing in? This will help me provide you with the most accurate legal information.
Kansas
What is your son's age? In Kansas, a minor is anyone under the age of *.
*
What are the terms of the power of attorney your mother-in-law is asking you to sign?

In Kansas, a power of attorney can be revoked at any time.
Can i send a photo of the paper?
I'm sorry, but as a text-based service, I'm unable to view photos. Could you please describe the main points of the document?
I, Krystal Wark of Eldorado, KS , am the parent or guardian of of the the following minor child: Ryder or Wade of Augusta .Ks born April *, * (the "Child). . I appoint Matthew and/or Leza Prentice of Augusta , Ks phone number:*-*-* , emai ddress: matthewprenticc4 l@yahoo.com, to be my attorney-in-fact (the "Attorney-in-fact") with regard to the care and custody of the Child . I delegate to the Attorney-in-fact all of my power and authority regarding the care, custody, and broperty of each minor Child named above including, but not limited to, the right to enroll the to hild in school, inspect and obtain copies of education and other records concerning the Child he right to give or withhold any consent or waiver with respect to to school activities, medical anc lental treatment, and any other activity, function, or treatment that may concert the Child. This delegation shall not include the power or authority tc consent to marriage or adoption of the hild, the performance or inducement of an abortion on or for the Child, or the termination of parental rights to the Child . The rights and responsibilities granted in this Power of Attorney for Child become effective or August *, *, and will remain in full force and effect until November *, *, or until this Power of Attorney for Child is revoked in writing, or is terminated as required by law. This in Power of Attorney for Child may be revoked at any time *. It is not my intention to relinquish my parental rights in and to the Child D *. agree that any third party who awfully relies on the authority granted in this document shall not in be held liable for any claims arising against them due to that reliance.
Do you have any specific concerns about the terms of this power of attorney?
Im worried they put a trap in there to screw me over.
What specific part of the document are you concerned might be a trap?
I delegate to the Attorney-in-fact all of my power and authority regarding the care, custody, and broperty of each minor Child named above including, but not limited to, the right to enroll the to hild in school, inspect and obtain copies of education and other records concerning the Child he right to give or withhold any consent or waiver with respect to to school activities, medical anc lental treatment, and any other activity, function, or treatment that may concert the Child. This delegation shall not include the power or authority tc consent to marriage or adoption of the hild, the performance or inducement of an abortion on or for the Child, or the termination of parental rights to the Child
Are you aware that in Kansas, a power of attorney can be revoked at any time by the person who created it?
They created it. Not me. Since im the mother shouldn't i create it? That way i can revoke it at any time?
Who signs the power of attorney document doesn't affect your ability to revoke it. As the parent, you can revoke it at any time in Kansas.
Would signing it take away my rights?
No, signing a power of attorney doesn't take away your rights. It delegates certain rights to the attorney-in-fact, but you retain the ability to revoke it at any time in Kansas.
So should i make a new one or sign this one?
Are there any terms in the current document that you're uncomfortable with or would like to change?
Yes, the part where it talks about custody
What specific changes would you like to make to the custody terms in the power of attorney document?
I just dont want to sign it, then in three months when i go to get my son, they find a reason to keep him.
What specific terms regarding custody would you like to include to ensure you can retrieve your son without any issues?
Im not sure. What should i do?
Would you feel more comfortable if the document specified that the power of attorney ends automatically after 3 months, without the need for you to revoke it?
Yes i think that would be better. Automatically ends no matter what.
What is your relationship with Matthew and/or Leza Prentice? This could affect the enforceability of the power of attorney.
My mother in law and step father in law. My husband mom and step dad.
What is your husband's stance on this matter? His opinion could be crucial in this situation.
Hes not okay with it either. We just want our son back, but worried they will take it to state if we dont sign the Power of attorney
What makes you think they will take it to the state if you don't sign the Power of Attorney?
They have told us
What exactly have they told you about taking the matter to the state if you don't sign the Power of Attorney?
They said if we dont sign the power of attorney they will do a child in need of care through the state and take it to court
What is the reason they believe your child is in need of care?
Because we dont currently have a house, but we both have jobs and will have a house within a month
What steps are you taking to secure housing and how can you demonstrate this to your in-laws or the court if necessary?
Saving up money, filling out applications, looking for housing. We are doing everything we can.
What evidence do you have to show your efforts in securing housing and providing for your child's needs?
We have filled out paper work for some apartments. We both have jobs. What evidence would i need?
You might need proof of employment, pay stubs, bank statements showing savings, and copies of the filled-out apartment applications.
We dont have copies. He gets his first paycheck tomorrow
Do you have any email confirmations or other digital records of your housing applications? These could also serve as proof of your efforts.
I dont think i do.
Can you provide any references from previous landlords or employers to vouch for your responsibility and ability to provide a stable environment for your child?
Yes, we lived in our last home for 8 years, but they knew that. They just dont think we are trying.
What is the reason for your eviction from your last home?
Husband lost his job, couldnt pay rent and got behind.
What steps are you taking to ensure your husband's employment stability in the future?
Make sure he doesnt miss work or get fired, but i have a job too.
What is your husband's current job and how long has he been employed there?
He just got this job. Hes just been employed for like * week.
What is the nature of his job and is it a stable source of income?
He is an assitant manager and yes. $* an hour. Ill be making $*,* a week.
What is your job and how long have you been employed there?
I work in healthcare, taking care of a paraplegic and i start work on Friday.
What is the nature of your job and is it a stable source of income?
Yes.
What is the duration of your employment contract?