Power of attorney-I'm sick and need to make sure my fiancé is able to make decisions and keep our kids!!!?
I'm on chemo, I am not getting better. I want to make sure my fiancé (lesbian couple planning on getting married 6/16/13) will be able to make decisions for me if I'm incapacitated. Also I want her to keep our 2 kids once I die. Their dad isn't in their life and hasn't had any contact with them for over 3 months. Is there a form or something I can do to ensure she remains to keep our boys and make decisions for me and arrangements once I'm dead? Thanks in advance for your help! My main concern is the child custody of our kids. I DON'T want them going to their dads. Thanks!
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I am sorry to hear that chemo is not helping you to get better.
You need to be contacting a lawyer in your area in order to find out what you have to do to have your fiance hold your power of attorney and become legal parent to your kids when you pass on.
The law may have certain stipulations in your area, that is why you need to have a lawyer involved in order for everything to be done legally in a way that would hold up in court if anyone, especially the kids father(s) were going to contest your wishes.
My family and I will pray for you and your family.
Yes. Personally i would type up a paper stating your wishes and sign it. This will be like an informal request sheet but can still be presented in court and considered. After that is done start talking to an attorney about what can be done to make it all official so it has more "weight" in a court case.
Best of luck on your journey.
Assuming you legally marry, that alone should takes care of things for you. For the kids, she will have to adopt them as a step-parent. That should be relatively easy if the father doesn't contest it but you'll probably still need a lawyer.
Of course if the father does contest it you might have a problem.
You have to go through the courts, which would mean notifying their Dad, he'd have to give up custody, and your partner would have then have to take responsibility for them legally. You can do it in one shot, but he's got to want to give up his parental rights, otherwise he's entitled by default after you die.