Does Power of Attorney Override Parental Rights in New Mexico?

 

Are you wondering, “Does Power of Attorney override parental rights in New Mexico?”  No.  In New Mexico, granting someone Power of Attorney to care for a child does not override parental rights.

Although the Power of Attorney agent can make decisions when the child is with them, only a valid court order can transfer legal custody or parental rights from the parent or guardian to a third party.

The Power of Attorney agent has certain rights and responsibilities.  Nevertheless, it is ultimately up to the parents, or courts, whether a third party is granted parental rights and responsibilities.

At times, a Power of Attorney is used to temporarily modify or supplement parental decision-making ability.  For example, sometimes a Power of Attorney is granted for a family or friend to temporarily make decisions for a child.

These decisions may surround medical, dental, or educational issues.  Nonetheless, the Power of Attorney can be cancelled and usually has an expiration date. In other words, the Power of Attorney is not a valid and enforceable court order that transfers legal custody or parental rights to a third party or caretaker.

With that said, there are situations where parental rights can be terminated or suspended in Albuquerque, New Mexico.

 

HOW TO SUSPEND PARENTAL RIGHTS IN NEW MEXICO

 

The Kinship Guardianship Act enables qualified caregivers to temporarily suspend parental rights.  When granted, Kinship Guardianship enables a qualified caregiver to step into a parent’s shoes and assume parental rights.

These rights apply while the guardianship is effective.

Although temporary in nature, guardianship can potentially extend until a child becomes an adult.  In other words, sometimes “temporary” never ends and becomes “permanent.”

With that said, with guardianship cases, the court can grant parents continuing rights.  For example, the court may grant guardianship but allow the parent to have court ordered visitation or communication.

In other situations, the court may grant the caregiver parental rights and complete decision-making ability, other than the ability to approve an adoption.

Ultimately, the court is guided by the child’s best interests.

Check out this video for more information on establishing and ending Kinship Guardianship:

 

 

WHAT’S THE DIFFERENCE BETWEEN GUARDIANSHIP AND POWER OF ATTORNEY IN NEW MEXICO?

 

Generally, a Power of Attorney for children enables a person/agent to make decisions on behalf of the parent for a short period and under limited circumstances.

For example, a parent may grant a person/agent Power of of Attorney to make medical, educational, or extra curricular decisions on behalf of a child.

Nevertheless, certain organizations may not honor this document, as it is not a formal and enforceable court order.

On the other hand, guardianship is a court-ordered arrangement that grants a caregiver legal guardianship over a child.  In doing so, the legal guardian steps into the parent’s shoes with court appointed rights and responsibilities.

In other words, Power of Attorney grants limited decision-making abilities.  Alternatively, guardianship can grant a caretaker full parental rights and responsibilities — other than the ability to consent to the child’s adoption.

Moreover, guardianship rights and responsibilities continue even if the child’s parents pass away.

With that said, guardianship is temporary in nature and can be terminated.

Check out this video for more information on Kinship Guardianship in New Mexico:

 

 

HOW TO PERMANENTLY END PARENTAL RIGHTS IN ALBUQUERQUE, NM?

 

Parents cannot voluntarily terminate their parental rights.  Instead, a New Mexico court must terminate the parent’s rights.

Alternatively, someone must step into the parent’s shoes, and assume parental rights and responsibilities.  In other words, someone must adopt the child and assume parental rights and responsibilities.

Termination of parental rights can be accomplished involuntarily through abuse and neglect proceedings.  Abuse and neglect cases are generally brought by CYFD for abuse or neglect.

These cases flow through children’s court.  Abuse and neglect cases are commonly filed based on:

• Abandonment;
• Abuse; or
• Neglect.

Nevertheless, the court must follow strict guidelines and laws before terminating a parent’s rights.

 

DO I NEED A POWER OF ATTORNEY INVOLVING A CHILD?

 

Have you been wondering, “Do I need a Power of Attorney involving a child in New Mexico?

In some situations, a childcare Power of Attorney may be needed.

For example, do you anticipate that you will be unable to provide adequate care to your child due to extended travel, deployment, incarceration, or other situations where you cannot act as the parent for an extended period?

If so, a Power of Attorney can be created to appoint someone else to assume limited decision-making abilities.

With that said, a Power of Attorney is temporary an limited in nature.  Most importantly, a Power of attorney does not override parental rights and responsibilities in Albuquerque, NM.

 

TOP GUARDIANSHIP AND PARENTAL RIGHTS ATTORNEY IN NEW MEXICO

 

Have you been searching for one of Albuquerque’s best guardianship and parental rights attorney?  If so, you have come to the right place.

Our legal team has the trial-tested experience to handle the most complex parental rights and guardianship cases.  For fourteen years, Sanchez has handled parental rights and guardianship across New Mexico. Sanchez routinely handles guardianship cases in Los Lunas/Belen, Rio Rancho, and Santa Fe.

Are you trying to establish guardianship for a child in your care?

Sanchez routinely handles guardianship and custody cases in Albuquerque, Rio Rancho, Los Lunas/Belen, Santa Fe, Socorro/Estancia, Gallup/Grants, and Taos Los Alamos.

Call (505) SANCHEZ.