Informal Placements

Grandparent, Other Non Parent Relative Or Family Friend Caregivers

Biological or adoptive parents have full legal authority unless a Court terminates (ends) or amends (changes) their rights.  Sometimes parents need to set up informal arrangements with family members or friends to care for their children without giving up any legal parental rights. Sometimes parents do not even set up an informal arrangement; it simply happens when the children are being taken care of by others. When we talk about informal placements, we are referring to this type of situation—where a grandparent or other non-parent relative or friend is caring for a child, without having been appointed a legal guardian by a Court.

Who Can Grant This Informal Arrangement?

In most situations only the children’s parents have the authority to ask friends or relatives to temporarily care for their children. But on occasion, neither parent makes a stated choice; another person just becomes the child’s day-to-day caregiver.  In these situations, the parents still retain full parental rights and responsibilities.

Is Parental Consent Required?

Yes, parental consent is required.  If the parent wants to take the child back into his or her care, the parent has a right to do this.

How Long Does This Arrangement Last?

Typically, this arrangement is indefinite until the parent wants the child returned to his or her care.

Do I Need A Lawyer?

No, since this is not a legal proceeding, it is not necessary to have a lawyer. 

Can The Caregiver Get Financial Assistance?

Parents are still financially responsible.  However, if the child is living with a relative caregiver, the child may be eligible for TANF (Temporary Assistance for Needy Families.)  The relative caregiver may or may not be included in the TANF household unit. The child may also be eligible for MaineCare.  Food stamps may be available, based on the household’s income.   You can apply for MaineCare, TANF, and Food Stamps at your local Department of Health and Human Services office.   To learn more about services available from DHHS and to find your local office, visit their website or contact them at 207-287-2826.  For more information about financial assistance, see the Resource Guide for Maine Grandfamilies available from Families And Children Together (F.A.C.T.). 

What Happens If The Caregiver Dies?

Nothing happens, except that the child will go back to the birth or adoptive parents.  At this point, the parents can make other arrangements if they still need someone to care for their child.

Are There Other Issues To Consider?

This informal arrangement does not give the child much legal stability.  It allows the parents to end the arrangement (come and get the child) at any time.  The caregiver may not be allowed to register the child in a different school district than where the parents live.  The caregiver may not be allowed to give permission for some services.  It can also place additional financial strain on the caregiver.  For example, if the caregiver applies for child-only TANF, DHHS will probably seek child support from the parent.  The parent may choose to end the arrangement rather than pay child support.

Power Of Attorney

A parent can give Power of Attorney (POA) to another adult by writing a letter stating so and having it notarized.  Having POA allows that adult to make some parental decisions for the child.  A POA is most often used to allow another adult to give permission for medical treatment (although a doctor or therapist is not required to accept it) or to make financial decisions.  A school will not accept a POA for the purposes of enrollment or special education planning.  The POA can be cancelled by the parent at any time.  A POA cannot be given over the objections of the other parent, unless that parent’s rights have been terminated or limited by a judge.  Click here for a sample form to appoint a POA.

When Is A Power Of Attorney Necessary?

Parents may ask another adult to have Power of Attorney for their children when they need someone else to take responsibility for their children for a short period of time.  Usually a caregiver with a POA can get medical treatment for the children.  Without the POA, the medical provider will need to try to reach the parent.

Example: The biological parent will be hospitalized for a short period of time. There is no one to take care of the children or make decisions for them.  In this situation, it would be a good idea for the parents to give another adult the authority to make decisions on behalf of the children.

Who Grants A Power Of Attorney? 

The birth or adoptive parents must sign the POA.  It also should be signed in front of a notary public.  Often people do not have it signed in front of a notary.  Without the notary’s signature it still may be accepted by medical providers, but is not legally binding.

How Long Does A Power Of Attorney Last?

A POA can last for 6 months.  If the parents want the POA to last beyond 6 months, they must sign a new document every 6 months.  Many medical providers will continue to accept an expired POA, but it is best practice to renew the POA every 6 months.

Do I Need A Lawyer To Get A Power Of Attorney?

You do not have to have a lawyer, you can draft a POA on your own.  However, it may be useful to have a lawyer to ensure the POA is done correctly.  In this case, the lawyer can sign as witness to your signature, instead of using a notary public.

What Legal Responsibilities Are The Parents Transferring?

By signing a standard POA, the parents are giving another adult the authority to make all decisions about the children, except for the following:

• Parents do not give away the right to decide if the child may be adopted.
• Parents do not give away the right to decide if the child may get married.
• Parents do not give away the right to decide if the child may sell or give away property.
• Parents do not give away their responsibilities as parents.

What Is The Procedure For A Power Of Attorney?

• Write a letter stating all of the rights to be transferred to the POA, the names of the children, and the effective date of the POA.  Or, obtain a POA form and fill in the children’s names and the effective dates.  Click here for a sample form to appoint a POA.
• Sign the letter or form in front of a notary public.
• Leave the signed form or letter with the adult caring for the child.
• Send copies of the form or letter to the children’s service care providers, such as doctor, school, and daycare.

How To Cancel A Power Of Attorney

If at any time the parents decide to cancel, or revoke, the POA before the 6 months are up, they should fill out a Notice of Revocation of Power of Attorney.  After completing the form, the parents should give a copy to everyone who relied on the POA while it was in effect. Click here for a sample Revocation of Power of Attorney form. 

Can A Child’s Court-Appointed Guardian Give A Power of Attorney?

Yes.  The child’s legal guardian can give a Power of Attorney by following the same steps under the previous section, What Is The Procedure for A Power of Attorney.  In addition, the guardian must send a copy to the Probate Court that gave them the guardianship.  The POA will not take effect until it is sent to the Court.

Is Financial Assistance Available?

Parents are still financially responsible.  However, if the child is living with a relative caregiver, the child may be eligible for TANF (Temporary Assistance for Needy Families.)  The relative caregiver may or may not be included in the TANF household unit. The child may also be eligible for MaineCare.  Food stamps may be available, based on the household’s income.   You can apply for MaineCare, TANF, and Food Stamps at your local Department of Health and Human Services office.   To learn more about services available from DHHS and to find your local office, visit their website or contact them at 207-287-2826.  For more information about financial assistance, see the Resource Guide for Maine Grandfamilies available from Families And Children Together (F.A.C.T.). 

What Happens If The Caregiver Dies?

Nothing happens, except that the child will go back to the birth or adoptive parents.  At this point, the parents can make other arrangements if they still need someone to care for their child.

Are There Other Issues To Consider?

A Power of Attorney does not provide legal stability for the child.  It allows the parents to end the POA (come and get the child) at any time.  It may allow the caregiver to get some services for the child, particularly medical services.  It can also place additional financial strain on the caregiver.  For example, if the caregiver applies for child-only TANF, DHHS will probably seek child support from the parent.  The parent may choose to end the arrangement rather than pay child support.