At the Law Offices of William L. Geary, we sometimes have situations where the grandparent(s) have actually been raising their children’s children. Those grandparents might have problems with getting the children into school or getting medical treatment for the children or having access to medical records of the children.
Section 3109.52 of the Ohio Revised Code provides that a parent, guardian or custodian may create a power of attorney which gives a grandparent any of the parent’s, guardian’s, or custodian’s rights and responsibilities regarding the care, physical custody, and control of the child, including the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child.
The child must be living with the grandparent and the power of attorney may not grant authority to consent to the marriage or adoption of the child.
A form is provided in the Revised Code for creation of the power. However, we do not suggest that anyone fill out forms or chose to grant such a power of attorney without first consulting with an attorney.
The statutes provide that granting of this type of power of may occur if the parent, guardian or custodian is: seriously ill; incarcerated (or about to be incarcerated); temporarily unable to provide financial support or parental guidance to the child; temporarily unable to provide adequate care and supervision because of the provider’s physical or mental condition; homeless or without a residence; or about to enter into a residential treatment program.
The person granting the power has to allege that the other parent is deceased or that the grantor has a well-founded belief that the power is in the best interest of the child. Unless certain circumstances exist the other parent must be notified of the granting of the power and the power must be filed with the juvenile court where the person receiving the power resides and in any other court which has dealt with the child. This power of attorney terminates when (1) the power of attorney is revoked in writing by the person who created it and that person gives written notice of the revocation to the grandparent who is the attorney in fact and the juvenile court with which the power of attorney was filed; (2) the child ceases to live with the grandparent who is the attorney in fact; (3) the power of attorney is terminated by court order; (4) the death of the child who is the subject of the power of attorney; or (5) the death of the grandparent designated as the attorney in fact.
Call us at the Law Offices of William L. Geary, Co., L.P.A. if you wish to schedule a consultation regarding your family law matter. (614) 289-1227