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Ohio Power of Attorney for Minor Child Form | Grandparent

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Ohio Power of Attorney for Minor Child Form (Grandparent) is a legal document that allows a parent to provide powers onto a trusted grandparent to temporarily care for and make appropriate decisions for their grandchild(ren). This is a legal form which must be filed within five days with the juvenile court in which the grandparents reside in order to be effective. There are many factors to consider, so review the document carefully. If you don’t understand any of the provisions, you should consult a competent family attorney.

Laws – § 3109.52 to § 3109.61

Guardianship Guide – If the parent is seeking to hand over guardianship rights to another individual, they should follow the State instructions.

Minor Child Power of Attorney for All Persons – This document is made for the use of any individual to be granted the guardianship rights for a minor child. There are no laws that relate to this document in the Ohio State Statutes.

How to Write

1 – Obtain The Required Paperwork To Assign A Guardian Grandparent Power Over The Minor

The necessary paperwork to appoint a Grandparent with Guardian Powers over a minor should be downloaded using the buttons presented with the image on this page.

2 – Identify The Principal, Grandparents, And Minor(s) Involved

This form will need some information as it must name all the entities involved. To begin, document the Legal Name of the Parent or Custodial Guardian who will act as the Principal here. This is the entity that will have the legal right to delegate Guardian Powers over the concerned Minor to the Grandparent.In addition to the Principal’s Identity, fill in the Principal’s Residential County and State of Residence on the third and fourth blank lines of this paragraph. Next, this statement will formally appoint the Child’s Grandparent with the Principal Powers possessed by the Parent or Custodial Guardian. Record the Grandparent’s Name on the blank space after the term “…Hereby Appoint The Child’s Grandparent.”Conclude the Grandparent’s report with his or her Ohio Residential Street Address and County presented on the next two blank lines (respectively). Once these Principal Parent/Custodial Guardian and Guardian Grandparent identities have been established, it will be time to report the identity of the Child or Minor concerned. Find the wording “…Responsibilities Regarding The Care, Physical Custody, And Control Of The Child” then, fill in the Child or Minor’s Full Name on the blank line immediately following. Solidify the Child/Minor’s Identity with his or her Birth Date and Social Security Number on the next two blank lines. Finally record the Name of the Child (as it was presented earlier) on the blank space following the words “…Except My Authority To Consent To Marriage Of Adoption Of The Child.”

3 – Provide The Reason For This Document

The State of Ohio will only allow the transfer of this type Power (Guardian Authority over a Child) for specific reasons. It will be necessary to provide this reason. Locate the statement starting with “I Hereby Certify That I Am Transferring…” then check the applicable checkbox statements presented below these words.

Mark the first check box if the Principal if the reason this Power is being issued is that the Principal Parent/Custodial Guardian is seriously ill, incarcerated, homeless, or otherwise unable to care for the child

If the issuing entity is the surviving Parent and has the Authority to delegate these Powers, then mark the second checkbox

If this Power Appointment is being delivered because it is in the best interest of the Child or Minor, then mark the third checkbox.

In some cases, the Parent or Custodial Guardian has the Power of being the Parent/Custodial Guard of the Child through a court order. If so, the other Parent’s status in relation to this paperwork must be documented. This may be done by checking one of the items on the list provided below the statement “If There Is A Court Order Naming Me…”

If the Parent/Custodian has exhausted their efforts in locating the Child’s Parent or other Parent, then mark the first checkbox. If the Child’s Other Parent or Parent is forbidden from receiving a Relocation Notice, then mark the second checkbox. If the Parent or Other Parent has had his or her Parental Rights revoked or terminated by the courts then mark the third checkbox.

4 – The Parent Or Custodial Guardian Must Sign This Document After Completion

The Parent/Custodial Guardian must locate the statement “Witness By Hand This,” then record the Two-Digit Day, Month, and Year when he or she is signing this document

The Parent/Custodial Guardian must sign his or her name on the “Parent/Custodian/Guardian’s Signature” line

The Child’s Parent (or other Parent) must sign his or her Name on the next available line

Below this, the Grandparent must supply his or her signature on the blank line labeled “Grandparent Designated As Attorney-in-Fact.”

These signatures must be notarized. The notarization process can be completed in the area below them by the attending Notary Public

5 – Complete The Affidavit Accompanying This Paperwork

A “Parenting Proceeding Affidavit (R.C. 3127.23(A))” has been supplied. This must be submitted to the courts with the above paperwork for approval. The first blank line, below the title “Court Of Common Pleas” will require the Name of the County where this paperwork will be submitted and ruled upon. If the information is available and you have been advised to do so, report the Name of the Plaintiff, Defendant, Case No. Judge, and Magistrate on the blank lines labeled “Plaintiff/Petitioner,” “Defendant/Petitioner/Respondent,” “Case No.,” “Judge,” and “Magistrate”

Now, on the blank line after the words “Affidavit Of,” print the Parent/Custodial Guardian’s Full Name.

Two checkbox statements will be presented in the initial area of this document. You must mark each one that applies to the situation at hand. If the Parent/Custodial Guardian believes a disclosure of his or her and the Child’s Address will be dangerous or compromising, then place a mark in the first checkbox statement. If there are specific parameters that apply to the Child/Minor and should be revealed for the Court’s consideration, then mark the second checkbox and report them after the words “Are Subject To This Case As Follows”

The next area provides enough space to list the “Child’s Name,” “Place Of Birth,” “Date of Birth” and “Sex.” Each of these blank lines should have the information about the Child or Minor involved. If more than one Child or Minor is involved enough space has been supplied to report three individuals in their own section. If there are more than three Children/Minors, then continue identifying them with the same criteria in this area on an attachment.

The next pieces of information will be where the Child or Minor lived, how long they have lived at an Address, whom they lived with, the Nature of this Relationship and if the reported Address should be held confidential. If this information will apply to each Child/Minor, then it only needs to be reported in the first area. To begin, locate the “Period Of Residence” Column. Use this area to record the Time-Frame when the Child/Minor lived at an Address.

If the Address being reported should remain Confidential for the Child/Minor’s Safety, then mark the box labeled “Address Confidential.”

Next, in the “Person(s) With Whom Child Lived,” column record the Name and Address of the individual who lived with the Child/Minor.

Record the role this individual played in the Child’s life using the space in the “Relationship” column.

Provide these details for every child. You will notice in area “b” and “c” there will be a checkbox statement “Check This Box If The Information.” Mark this checkbox if the Child/Minor being reported has the same Residential Address History as the previous one.

If more than three children need to be documented and an attachment will be provided with the information of the remaining Children/Minor’s, then mark the last checkbox in this statement and provide such an attachment.

Locate item “3. Participation In Custody Case(s).” One of the statements in this section must be check marked. If the Principal has not participated in any custody or visitation rights case regarding the Child/Minor, then mark the first checkbox.

If so, then mark the second checkbox and provide the details of that case by Naming each involved Child/Minor, the Type of Case, the Court and State, and the Date And Court Order Or Judgment in the spaces provided after the second statement. If there are Civil Cases that are in the process of being heard or on the calendar to be heard that may influence this case, the Principal will need to provide its information. If there is no such Civil Case, then mark the first checkbox statement in Item “4. Information About Other Civil Case(s) That Could Affect This Case.

If there are any Civil Cases currently in progress or being set up the Principal has knowledge of, then mark the second checkbox. In this case, Name each Child the Civil Case will effect, the Type of Civil Case being referred to, the Court and State where it is occurring, and the Date and Court Order or Judgement (If Any) on the blank lines in this selection. In item “5. Information About Criminal Case(s),” some columns will be provided so that any Criminal Convictions regarding child abuse, neglect, violence, or sexually oriented offenses can be named. List the “Name” of the convicted individual, his or her “Case Number,” the “Court/State/County” where he or she was convicted, and the “Crime” he or she was convicted of using the columns provided. Mark the check box in this section if more room is required to give a full report. Then attach a document with the remaining information reported. Finally, in the sixth item, the Principal must either verify that he or she has no knowledge of any additional Person(s) who may have or claim physical custody of the child or provide such a person’s information. If the Principal has no knowledge of any such entity, then mark the first box in the sixth item. If the Principal is aware of any such entities, then mark the second box in the sixth statement then refer to the table below. There will be enough room to report on three such individuals in the areas marked “a,” “b,” and “c.” Each area will require the Name of the individual the Principal is aware of on the two blank lines after “Name/Address Of Person,” then one of three checkboxes must be marked to indicate what the claim is (Has Physical Custody, Claims Custody Rights, Claims Visitation Rights.” While the last blank lines in each section have been provided so that each child this individual has or claims custody/visitation with is listed.

6 – Provide A Notarized Oath

The Principal must have his or her full Name presented on the first blank line in the “Oath” section. Then, the Principal must sign the “Your Signature” line. This may only be done in the presence of and at the direction of the attending Notary Public. The final area will need to be attended to in the presence of the Notary Public and should not be completed by any other party.


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