AVVO QUESTION 10/26/13:I am on probation if I go into rehab my ex will fight for my daughter. My family stated of need be they will take my daughter.What do I do?

I will presume you are on a criminal probation and you have a drug problem. Since you stated your concern your” ex will fight for your daughter “ it appears your have physical custody of your daughter. If your custody is challenged the criminal probation and drug use will work against you in a Best Interest Factor analysis MCL 722.23 . On these facts being in rehab should not. What is important is that your daughter is taken care of. Do not leave the child with a family member without also giving them legal authority through a power of attorney as your agent.


I found the following information.see sources below.

Step 1: Determine who you want to name as agent ..
An agent should be someone in whom you have highest degree of confidence.

Step 2: Determine the extent of the powers delegated to the agent.
Most parents will wish to delegate full power to the agent to do everything required for the child’s care.

SEE-MCL.700.5103 Delegation of powers by parent or guardian
Sec. 5103.  (1) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward or to release of a minor ward for adoption.

(2) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides a delegation under this section is effective until the thirty-first day after the end of the deployment.

(3) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact.
As amended by 2000 PA 54 (eff. Apr 1, 2000), 2004 PA 93 (eff. May 7, 2004).

Step 3: Include examples of the types of powers that you are delegating.
Some examples of power delegated to the agent are the power to consent to
any medical, diagnostic, or surgical procedure
any dental procedure
use of any medication or other items related to the child’s health

Step 4: Have the document signed, witnessed, and notarized.
While a delegation can be executed without any judicial proceedings, it must be signed, witnessed, and notarized.

When to Use

A delegation of parental powers is frequently used when parents take a vacation or when a parent joins the armed forces. A delegation of parental powers may also be used to avert a guardianship proceeding if a parental surrogate is needed for a relatively short time due to a parent entering drug treatment or being sent to prison.

You should desire to vest in the agents full powers as a substitute parent to do anything and everything required for the child’s care You should the agent as your attorney-in-fact to do any of the things you, as parent could do on behalf of your child, including, but not limited to the following:
Give parental consent to any medical, diagnostic, or surgical procedure and/or other treatment of any type or nature;
Give parental consent to any dental procedure;
Give parental consent to admission to any hospital or medical center;
Give parental consent to the use of any drugs, medication, therapeutic devices, or other medicines or items related to the child’s health; and
The power in general to take and authorize all acts with respect to our your health and wellbeing, the same as we could do.

Primary Sources

SEE-MCL.700.5103 Delegation of powers by parent or guardian

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