power of attorney

Can you give custody with a Power of Attorney? NO.

The law in Tennessee provides that a parent may delegate "care-giving authority" to any person residing in Tennessee, when either of these hardships are about to occur:

A.   Serious illness or incarceration

B.   a physical or mental condition which makes you unable to care for the minor

C.   the minor's home is lost or not able to be lived in because of a natural disaster.

This power of attorney has to be signed by the parent before a notary and two witnesses.

Now, please note what this power of attorney does NOT do.  It does not grant custody to the party who receives the power of attorney.  In fact, the power of attorney can be terminated by a court upon granting a different legal guardian or custodian of the children.  If either of those things are about to occur, make sure that you know what your intentions are. If it is to give a person control over the affairs of the children, then a power of attorney may work; but, if your intention is to give custody to another person, it won't.  You'll more than likely need a legal guardianship for that.