Q: If my brother has primary custody of his minor daughter, can he designate POA or does mom automatically get authority?
My brother has primary custody of my 9 year old niece. Her mother lives over an hour away and has standard visitation orders. My mother lives with him and my niece. His question was, if he is incapacitated for any reason, can he designate someone (my self, my mother or my brother) to act on his behalf (POA) and make decisions for my niece, or does her mother automatically get authority and make decisions for my niece.
A:
If your brother is incapacitated for any reason, whomever he wants to make decisions regarding your niece would have to intervene into their current custody case and present to the court why it is in the child's best interest that they are allowed to make decisions regarding your niece, over the Mother.
I hope this information help.
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