By Janice Mackey
There are several documents that may be important to consider if an individual is at risk of being deported.
Durable power of attorney. Through this document, an individual can name another individual to serve as their agent or attorney-in-fact — a person who is authorized to act on your behalf.
The powers granted through a power of attorney can be extremely broad and grant the agent the ability to act on behalf of the individual in a wide variety of ways. For instance, the agent may be able to buy and sell assets, work with health insurance, life insurance, financial institutions, access investments, retirement accounts, government benefits, utilities and credit cards.
It is important that whoever is named as an agent is somebody that is 100 percent trustworthy.
The agent is considered a “fiduciary,” which means that any actions that they take need to be for the benefit of the individual or principal. In other words, the agent cannot use your assets or take any actions that are for their own benefit.
You also can sign a durable power of attorney that is limited in its scope. One of the most common limited powers of attorney is appointing somebody as an agent to sell a house or work with a particular financial institution.
It is important to note that as soon as you sign the durable power of attorney and give it to the agent, it is effective. Frequently, a power of attorney is used in the event of disability, incapacity or simply just being unable to be present for a particular transaction. But the agent is not required to show proof that the individual is unable to complete the transaction themselves.
Before signing a power of attorney, it is critical that the individual considers exactly what powers they want to give to the agent. This type of power of attorney is valid until it is revoked.
Delegation of parental/guardian powers. Parents may sign a limited power of attorney that grants a family member or friend the custody or guardianship of their minor child.
Even though it may seem obvious that the family member or close friend should have custody of the child, this form of limited power of attorney provides documentation that the guardian has legal authority to care for and make decisions for the minor child. This can be particularly important when working with school officials or health care providers.
It is also important if there may be a conflict as to who should have custody — for instance, if two family members both want custody of the child, or the proposed individual is not a family member. A separate power of attorney needs to be done for each child.
This type of power of attorney is valid for only six months. If the custody will extend beyond six months, a new one will need to be executed. It also may be revoked at any time.
Nomination of Guardian. Another document to consider for minor children is a nomination of legal guardian.
While a formal court proceeding is still necessary to appoint a legal guardian, the nomination of guardianship allows a parent to specify who should be the guardian of the child if a formal appointment is necessary. A formal guardianship proceeding should be considered depending on the age of the child. For instance, if the custody is likely to extend for years, this will avoid the necessity of executing a new limited power of attorney every six months.
The downside is that guardianship proceedings are not inexpensive, as attorneys are generally needed to complete and file the petition with the court. Another negative is that it will require a petition to the court to terminate the guardianship.
The limited power of attorney to grant temporary custody may be an immediate option until a formal guardianship proceeding is initiated if it is necessary.
There are online resources to assist or to provide additional information on either the limited power of attorney or guardianship: Go to Courts.oregon.gov and search the words “guardianship or power of attorney.” This site also provides a form to complete for the limited power of attorney to delegate parental/guardian powers. In other words, no attorney is required to complete the limited power of attorney form.