Chapman Law Firm - Protecting Your Children Through Powers of Attorney

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November 14, 2007

PROTECTING YOUR CHILDREN THROUGH POWERS OF ATTORNEY

To widespread disappointment, Congress failed to pass immigration reform legislation during the summer of 2007. The US Senate is to blame, and in that group, four Senators stopped the debate. Senator Dole of North Carolina is one of those four. Her reason: the amendments to be debated did not include hers, one that said a person with three DUI convictions would be deported.

Many people agree with her amendment, but she could have offered it at a later point in the debate, or in 2008 by itself. Senator Dole decided that it was more important to have her amendment discussed right now, than to let the entire Congress consider comprehensive immigration reform.

Shortly after the debate stopped, the Bush Administration increased its immigration enforcement activity significantly. Thousands of undocumented workers and their families have been arrested nation wide; businesses have been shut down and in some cases closed for good. Families have been split apart.

Some of those families include US citizen children. Those children have the right to remain in the US, even if their parents are deported. Unfortunately, many of these children cannot take care of themselves, so someone needs to make critical decisions for them regarding school, medical treatment, living arrangements, sports, church, etc. The question is: how can a parent make plans that will allow another adult to care for his or her US citizen children?

There is no guaranteed way to do this. However, the best option appears to be for the parent to execute two documents: a Health Care Power of Attorney to cover medical needs, and a General Power of Attorney to provide for the rest of the child’s needs. These documents allow the parent to give a trusted friend or family member (or more than one person) with the power to make important decisions for his or her children. Both documents allow the parent to prepare for the future and make life easier for their children.

The parent can deliver the documents to the agent immediately, or can wait and have someone else deliver them to the agent when the parent is arrested. This decision is very important and is something that should be discussed with the friend or relative. If the parent holds on to the documents, it also is important to decide how the documents will be delivered, and by whom.

Parents also should discuss the documents with their children, so that the children will understand where to go if the parents are arrested, and who has the authority to make decisions for them. That parent should discuss what he or she is doing with the friend or relative who will use the Powers of Attorney to stress the importance of the documents, the duties that the friend or relative will have, and any limitations on the powers granted in the documents.

There are many things to consider these uncertain days, and one of the most important is protecting your children. There is no perfect way to do this in advance, but parents who sign a Health Care Power of Attorney and a General Power of Attorney for their children have taken a big step in the right direction.

It is important to act now, before a person is arrested and the deportation case begins. You should not use a notario to draft these documents; instead, you should contact an attorney who can prepare the documents for you and make sure all your wishes are clearly stated.