General Power of Attorney for Care and Custody of Child or Children - Oregon 2025

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Guardianship often overrides a power of attorney when courts determine that a persons well-being or decision-making requires stricter oversight.
Under a power of attorney for a child, the person caring for your child is able to act as a parent or guardian in your absence. However, the power of attorney document does not terminate your parental rights or transfer custody to the agent and does not prevent you from continuing to make decisions for your child.
You can use general power of attorney to authorize another person to handle a wide range of matters including banking, buying and selling property, and making investments on your behalf. The document itself states whether the powers it authorizes are specific or general.
Choosing between durable and general depends on what you need for the future. We suggest talking to an estate planning lawyer to see which one is right for you. In short, durable powers of attorney give better protection if someone cant make decisions and keep decision-making going.
What is Guardianship? A guardian is someone who is appointed by a court to protect and care for the health and well-being of an incapacitated person, or a minor child. A petition must be filed with the appropriate court, and notice given to all interested persons.
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The Cons to Guardianship: Loss of Freedoms: Your loved one loses the ability to make decisions for themself. Stigma of Incapability: Potential societal devaluation of your loved one. Non-Transferable: Risks if the guardian passes away. Difficult to Overturn: Once done, its a challenge to reverse.
Overall, a power of attorney is a much better alternative to a court-ordered guardianship in most situations. Legal professionals in Texas typically agree that if a power of attorney can get the job done, it is more efficient and cost-effective than guardianship.
A power of attorney can be as expansive or as limited as the senior prefers. Notably, the individual chooses their power of attorney agent in advance, ensuring they can choose someone they trust with their best interests in mind. In contrast, a guardian is appointed by the courts, typically in an emergency situation.

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