Is there a way to get power of attorney for my niece without cooperation from her father?

UPDATED: Sep 29, 2022

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Is there a way to get power of attorney for my niece without cooperation from her father?

My sister, her mother, is deceased and I am taking care of her because her father is in a bad spot. I need to enroll her in school, take her to appointments, etc. He gave me a letter but could not have it notarized do to not having his I.D. He lives in another city and I’m not sure what to do.

Asked on August 3, 2015 under Estate Planning, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

No, if the father is a "fit" father--still has his parental rights--then he would need to properly execute (sign) a power of attorney for it to have effect; there is no way to get the POA without his assistance or cooperation. If he were unfit, it may be possible to petition the courts to have you appointed the neice's guardian, but that does not appear to be this case from what you write.

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