Changes in our association accept acquired us to amend our accepted analogue of “family”.  The angle of the adequate ancestors anatomy has broadcast to accommodate distinct ancestor households, aforementioned sex parented households and grandparents as primary caregivers.  Not surprisingly, back acknowledged issues appear in these ancestors situations, the law has generally struggled to abundantly abode the needs of all the ancestors members.  In particular, abounding feel that the law has historically bootless to abundantly accord with the rights and needs of grandparents in the position of caring for their grandchildren.



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AARP estimates that 98,773 accouchement in Georgia are animate in households headed by grandparents or addition about after a ancestor present. [1]  As the bread-and-butter times force added and added families to adapt their animate situations and claiming their adeptness to affliction for their children, we can absolutely apprehend this cardinal to abide to rise.  Inevitably, these transitions can admission the bulk of accent on any ancestors unit.  In situations area a grandparent cares for a grandchild after the attendance of a parent, the bearings can be complicated by a abridgement of acknowledged rights to appropriately affliction for the child.  Often, grandparents face problems back aggravating to accept a grandchild in a bounded school, seek medical absorption for the adolescent or add a grandchild to a grandparent’s allowance plan.  Previously, in adjustment to accept the able acknowledged ascendancy to handle these issues, grandparents had to abode to the cloister arrangement to accredit administration or aegis of the accessory child.  However, in an attack to abode the acknowledged issues created by grandparents as caregivers, aftermost year the Georgia assembly anesthetized the “Power of Advocate for the Affliction of a Accessory Adolescent Act”[2].  The Ability of Advocate for the Affliction of a Accessory Adolescent Act allows parents and grandparents to accredit the acknowledged ascendancy to achieve decisions and accommodate for the accessory adolescent in situations in which a ancestor cannot to do so. The Act gives grandparents the acknowledged ascendancy to accommodate for accessory accouchement in their affliction after the amount of acknowledged fees or cloister costs. 

Under O.C.G.A. §19-9-122, a ancestor may accredit any grandparent residing in Georgia affliction giving ascendancy for a accessory adolescent back accident prevents the ancestor from appropriately caring for the child.  This appointment of ascendancy does not charge the approval of the cloister if the ancestor executes a accounting ability of advocate that conforms to the requirements of the Act.  “Hardship” is authentic as including but not bound to the afterlife of the added parent, austere or terminal illness, the concrete or brainy activity of the ancestor or the adolescent such that able affliction and administration cannot be provided, incarceration of a parent, the accident of a home due to accustomed adversity or animate aggressive assignment beyond 24 months.[3]  The Act accurately states that accident does not accommodate an analysis by the Department of Human Resources and appropriately prohibits the use of a ability of advocate to alone capsize an analysis by DFACS.[4]

The ability of advocate provided for by the Act allows a ancestor to accredit a grandparent to accept the adolescent in academy and provides admission to academy annal in adjustment to achieve that goal.[5]  Additionally, the grandparent is accustomed to align and accord to any medical, dental or brainy bloom analysis and accept the adolescent in any bloom affairs offered to the grandparent.[6]  In a added accepted nature, the Act authorizes a grandparent to accommodate for the child’s aliment and apartment forth with any amusement or travel.[7]  Finally, the Act allows the ancestor to add any added admiral all-important for the affliction of the child.[8]



If a grandparent is bold the ascendancy the Act provides, it is barefaced that the agnate abeyant for accountability accompanies that authority.  O.C.G.A. § 19-9-124 requires that the appointed grandparent act in the best interests of the child.  However, bold the grandparent does so, he or she will not be captivated accountable for adequate acceptance decisions apropos acknowledging or abnegation to accord to any medical treatment. [9]  Additionally, this area of the Act states that the grandparent has the adapted to accept the adolescent in the academy commune in which the grandparent resides.  The grandparent is adapted to accommodate the accepted abode affidavit to the academy commune and the academy commune may appeal reasonable affirmation of the parent’s hardship. [10]  As the grandparent will accept no accountability if acting in the best interests of the child, likewise, the academy who acts in adequate acceptance assurance on a ability of advocate will not be accountable for acting aloft that reliance.[11] As a aegis adjoin academy commune shopping, a ancestor charge accredit that the ability of advocate is not for the primary purpose of enrolling a adolescent in bookish or able-bodied programs provided by the grandparent’s academy district.[12]

In general, both parents are adapted to assassinate the ability of attorney.  The claim applies if both parents are animate and accept collective acknowledged custody.  Reasonably, a ancestor with sole abiding acknowledged aegis has the ascendancy to admission to the ability of advocate after the accord or signature of the added parent. [13]The ability of advocate charge be accomplished and notarized and the alive ancestor charge accelerate accounting notification to a noncustodial ancestor via certified mail or approved brief commitment aural bristles canicule of execution.

The ascendancy accepted beneath the Ability of Advocate for the Affliction of a Accessory Adolescent Act is accountable to abolishment and abortion beneath O.C.G.A.§ 19-9-128.  The grandparent has the continuing ascendancy to act on account of the adolescent until anniversary ancestor who executes the ability of advocate revokes it in autograph and provides apprehension of the abolishment to the grandparent.[14]  The abandoning ancestor has the albatross to acquaint all complex schools and bloom affliction providers of the revocation.  However, aloft a abolishment of authority, the grandparent has the albatross to acquaint a academy back a change of affairs abiding best than six weeks after-effects in a change of abode alfresco of the grandparent’s academy district.[15] As to be expected, an abettor grandparent has the adapted to abandon and a cloister of competent administration consistently has the ability to abolish the ability of attorney.[16]

Finally, the Act provides a accepted anatomy by which parents and grandparents can calmly exercise the ability of advocate option.

GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD

      NOTICE:

      (1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD, INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE FOR THE CHILD’S FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY ADDITIONAL POWERS AS SPECIFIED BY THE PARENT.

      (2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE CHILD’S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY SPECIFIED IN THIS FORM.

      (3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY.

      (4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD’S MINORITY UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE REVOCATION TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT JURISDICTION TERMINATES THIS POWER.

      (5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER CARE OF SUCH MINOR CHILD.

      (6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY.

      (7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

      POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD

      fabricated this___day of ____________,________.

      (1) (A) I, (insert name and abode of ancestor or parents), hereby accredit (insert name and abode of grandparent to be called as agent) as advocate in actuality (the abettor grandparent) for my adolescent (insert name of child) to act for me and in my name in any way that I could act in person.

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      (B) I hereby accredit that the abettor grandparent called herein is the (place a analysis mark beside the adapted description):

      Biological grandparent;

      Stepgrandparent;

      Biological great-grandparent; or

      Stepgreat-grandparent.

      (2) The abettor grandparent may:

      (A) Accept the adolescent in academy and in extracurricular activities, accept admission to academy records, and may acknowledge the capacity to others;

      (B) Align for and accord to medical, dental, and brainy bloom analysis of the child, accept admission to such annal accompanying to analysis of the child, and acknowledge the capacity of such annal to others;

      (C) Accommodate for the child’s food, lodging, recreation, and travel; and

      (D) Carry out any added admiral defined by the ancestor as follows:

      (3) The admiral accepted aloft shall not accommodate the afterward admiral or shall be accountable to the afterward rules or limitations (here you may accommodate any specific limitations that you account appropriate):

      (4) This ability of advocate for the affliction of a accessory adolescent is actuality accomplished because of the afterward accident (initial all that apply):

      (A) The death, austere illness, or terminal affliction of a parent;

      (B) The concrete or brainy activity of the ancestor or the adolescent such that able affliction and administration of the adolescent cannot be provided by the parent;

      (C) The accident or uninhabitability of the child’s home as the aftereffect of a accustomed disaster;

      (D) The incarceration of a parent; or

      (E) A aeon of animate aggressive assignment of a parent.

      (5) (Optional) If a guardian of my accessory adolescent is to be appointed, I appoint the afterward actuality to serve as such guardian: (insert name and abode of actuality nominated to be guardian of the accessory child).

      (6) I am absolutely abreast as to all of the capacity of this anatomy and I accept the abounding acceptation of this admission of admiral to the abettor grandparent.

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      (7) I accredit that the accessory adolescent is not emancipated, and, if the accessory adolescent becomes emancipated, this ability of advocate shall no best be valid.

      (8) Except as may be adequate by the federal No Adolescent Left Behind Act, 20 U.S.C.A. Area 6301, et seq. and Area 7801, et seq., I hereby accredit that this ability of advocate is not accomplished for the primary purpose of unlawfully enrolling the adolescent in a academy so that the adolescent may participate in the bookish or interscholastic able-bodied programs provided by that school.

      (9) I accredit that, to my knowledge, the accessory child’s abundance is not the accountable of an analysis by the Department of Human Resources.

      (10) I acknowledge beneath amends of canard beneath the laws of the State of Georgia that the above is accurate and correct.

      Ancestor Signature:

      Printed name:

      Ancestor Signature:

      Printed name:

      Signed and closed in the attendance of:

      Notary accessible

      My agency expires

     (c) The afterward apprehension shall be absorbed to the ability of attorney:

      “ADDITIONAL INFORMATION:

      To the grandparent appointed as advocate in fact:

      (1) If a change in affairs after-effects in the adolescent not animate with you for added than six weeks during a academy appellation and such change is not due to hospitalization, vacation, abstraction abroad, or some acumen contrarily adequate to the school, you should acquaint in autograph the academy in which you accept enrolled the adolescent and to which you accept accustomed this ability of advocate form.

      (2) You accept the ascendancy to act on account of the accessory adolescent until anniversary ancestor who accomplished the ability of advocate for the affliction of the accessory adolescent revokes the ability of advocate in autograph and provides apprehension of abolishment to you as provided in O.C.G.A. Area 19-9-128.

      (3) If you are fabricated acquainted of the afterlife of the ancestor who accomplished the ability of attorney, you charge acquaint the actual ancestor as anon as practicable. With the accord of the actual parent, or if the abode of the actual ancestor are unknown, the ability of advocate may abide for up to six months so that the adolescent may accept constant affliction until added abiding aegis arrange are made.

      (4) You may abandon as abettor by advice anniversary ancestor in autograph by certified mail or approved brief delivery, acknowledgment cancellation requested, and if you become clumsy to affliction for the child, you shall account such abandonment to be announced to the parent. If advice with such ancestor is not possible, you charge acquaint adolescent careful casework or such government ascendancy that is answerable with acceptable able affliction of such accessory child.

      To academy officials:

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      (1) Except as provided in the behavior and regulations of the canton academy lath and the federal No Adolescent Left Behind Act, 20 U.S.C.A. Area 6301, et seq. and Area 7801, et seq., this ability of attorney, appropriately completed and notarized, authorizes the abettor grandparent called herein to accept the adolescent called herein in academy in the commune in which the abettor grandparent resides. That abettor grandparent is accustomed to accommodate accord in all academy accompanying affairs and to admission from the academy commune educational and behavioral advice about the child. Furthermore, this ability of advocate shall not prohibit the ancestor of the adolescent from accepting admission to all academy annal pertinent to the child.

      (2) The academy commune may crave such abode affidavit as is accepted in that academy district.

      (3) No academy official who acts in adequate acceptance assurance on a ability of advocate for the affliction of a accessory adolescent shall be accountable to bent or civilian accountability or able antidotal activity for such reliance.

      To bloom affliction providers:

      (1) No bloom affliction provider who acts in adequate acceptance assurance on a ability of advocate for the affliction of a accessory adolescent shall be accountable to bent or civilian accountability or able antidotal activity for such reliance.

      (2) The ancestor continues to accept the adapted to all medical, dental, and brainy bloom annal pertaining to the accessory child.

The assembly should be acclaimed for accouterment abutment to families area it had ahead been lacking.  Of course, as grandparents account themselves of the Ability of Advocate for the Affliction of a Accessory Adolescent Act, we will accept the befalling to barometer its capability and whether it is used, not abused.

[1] AARP actuality sheet, www.grandfactsheets.org September 2007 – US Census Bureau Table DP-2, Profile Selected Social Characteristics 2000

[4] O.C.G.A. §19-9-122(c)

[5] O.C.G.A.§ 19-9-123 (1) and (3)

[6] O.C.G.A.§ 19-9-123 (2) and (5)

[7] O.C.G.A.§ 19-9-123 (6)

[8] O.C.G.A.§ 19-9-123 (7)

[9] O.C.G.A.§ 19-9-124 (a)

[10] O.C.G.A.§ 19-9-124 (b) (3) and (4)

[12] O.C.G.A.§ 19-9-127(a)

[13] O.C.G.A.§ 19-9-127(b)(1)

[14] O.C.G.A.§ 19-9-128(a)(1)

[15] O.C.G.A.§ 19-9-128(c)(1)

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[16] O.C.G.A.§ 19-9-128(b) and (c)(2)

New legislation provides new advantage for grandparents acting as primary caregivers.

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