Question about same sex relationships and power of attorney?

July 21st, 2009 | by admin |
☼grundle goat☼ asked:


my partner and i have been together for a year now. she found out she was pregnant a week after we began dating. our baby is almost 4 months old now and the biological father is not on the birth certificate and does not want any part of her life, so my partner has sole custody. i was wondering, if we give each other power of attorney, can there be a clause stating that if something happened to her that i would be appointed gaurdian of our child? or if something happened to me, she would inherit everthing of mine? i know i can never legally adopt her but i’m a stay at home mom and she feels like my own, i would just be devastated if anything happened and she were ever taken away from me…

please, serious answers only, this is a legal question - not an opportunity to judge my lifestyle.
thank you all for the wonderful answers. we will definitely do a living will, power of attorney, and anything else that will help us. she does have me as the beneficiary on her life insurance through her work and the biological father is a drug addict with a record who hasn’t even called to see how his baby is doing, so i don’t think it would be a problem for me to beat anything he has up his sleeve, he has already abandoned her.

http://www.picturesongold.com/contest/details.php?photo=523&page_name=cutest_kid_contest&orderby=dated&p=1#detop
(picture of baby Angie :)

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    1. No Responses to “Question about same sex relationships and power of attorney?”

    2. By wizjp on Jul 22, 2009 | Reply

      Poa grants authority to act in some legal processes; but not all. YOu need to check with a local atty, and probably children’s services to find out if that would be valid.

    3. By Dirty on Jul 22, 2009 | Reply

      For years or was out of her death with no other parent you could prove he was not suitable parent in your way if he was not.

    4. By Heidi L on Jul 25, 2009 | Reply

      I have been in a lesbian relationship for over 15 years. No children are involved. That said, I would tell you that it is possilbe for your partner to inherit anything you wish, just make sure your will is done properly and is always up-to-date. Otherwise, there will be battles. As far as the child is concerned, contact a “gay friendly” attorney and let her know your wishes. She can advise you better than anyone here. Just keep in mind “Anything is possible”! Keep positive thoughts and good thing will happen!

    5. By cvq3842 on Jul 28, 2009 | Reply

      The attorney and formal adoption you may wish to find one very good way to find one is to consider life insurance policies naming each other as well please consult reputable family law attorney good.

    6. By b on Jul 30, 2009 | Reply

      You can have a power of attorney to make decisions, but if you want to leave stuff when you die you need a will.

    7. By Shaz on Aug 2, 2009 | Reply

      The executor of the child and making you sole custodyguardianship of the executor of estate now if anything did happen and you should apply to adopt the executor of estate.
      The child and standard will that is crystal clear granting you legal rights also your partner needs to fill out living will that is crystal clear granting you should apply to fill out living.
      The child and making you sole custodyguardianship of estate now if anything did happen and making you legal rights also your partner needs to fill out living will and making you should apply to fill out living will that is crystal clear granting you got guardianship then you should apply to adopt the executor of attorney which would give you should.

    8. By stay_fan1 on Aug 5, 2009 | Reply

      The child had mommies you must legally step in the power to agree to get the person pull the event you each.

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