Q: Does the Division of Family Service and the court have to acknowledge a POA?
My brother is incarcerated and signed POA to me. The Division shut me out of the last FST meeting and said I am not party to the case. I have set in on every support team meeting with my brother until he had to do his plea. They have broke every rule in the book in his case. It is criminal!
A: No, they don't have to acknowledge it. Power of Attorney is a private decision someone makes to allow another person short-term decision making authority over their legal affairs. In order for a parent to grant a third party temporary custody over a child, they need to appoint a guardian through the courts, you and your brother did not do this. If you want to be involved in the juvenile case, then you will need to hire an attorney and file as an Intervenor for kinship placement. It may help you to also seek guardianship in the circuit court at the same time, which will give extra weight to your position.
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