Phoenix, AZ asked in Family Law and Child Custody for Arizona

Q: I travel often with my girlfriends son (camping, hunting, etc.). Do I need a POA or guardianship in case of accident?

My girlfriend and her husband separated several years ago and co-parent well. Her son and I usually spend one weekend each month outdoors, be it camping, fishing, hunting or backpacking, often without his mom. His parents are both supportive of this, as it is in-line with their parenting plans, and his grades have been improving over the last year. In discussion with someone at a recent youth outdoors skills event, the subject came up regarding my ability to sign a waiver, which then progressed to my ability to sign medical documents should anything ever happen while we are out of town. Is this something that could be handled through a POA, or would a Guardianship of the Person be more appropriate?

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2 Lawyer Answers

A: You should have a childcare power of attorney signed by the parents. This will allow you to help in an emergency. A guardianship is a court ordered and supervised proceeding. It is overkill for the situation you have described in my opinion.

A: I think it would be a good idea for the parents to write a letter, which you keep in the car, stating that the child is there with their permission.

If you discuss it with them and they agree, I would suggest a limited power of attorney to make an emergency decision if you are not able to immediately reach a parent, in the event of a medical emergency.

Hope that helps.

Randi

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