WLG On Our Mind

Friday, May 18, 2018

Is your Date Night Plan Good Enough?

Is your Date Night Plan Good Enough?

Picture thisyou get an opportunity to spend some alone time with your spouse.  Your mother-in-law will be watching the kids, at your house.  You have carefully written down when to feed the baby, how often the little one usually needs his diapers changed, what snacks are allowed for the older kids, when they should be in bed…and you make certain they have both of your cell phone numbers ready at hand…you get the idea.


It could be a small storm – your oldest gets a large metal splinter in his hand.  It is very painful.  Grandma can’t remove it.  A little blood, a lot of screaming.  For whatever reason, you cannot be reached. Your inlaws drive all the kids to the ER.  At the ER they ask whether they have a written authorization giving them the power to consent to medical care for child. They don’t. The ER staff tell your mother-in-law that since it isn’t a life or function threatening injury, no matter how painful, they cannot treat your oldest until they hear from either parent.  They sit and wait and keep calling your cell phones which, if they ring, you don’t hear during your date.  You don’t hear what has been going on until hours later on your way home.  Your child has been in pain for hours.

At the Weissler Law Group we routinely create documents to empower parents to authorize others to consent to medical care for their children and to have it charged to our client’s health insurance.

Or it could be a large storm – imagine that you and your spouse are in a car accident.  Seeing pictures of your kids on your phone, a policeman is sent to your home address.   As they walk towards the door they here screaming kids and when you mother-in-law answers the door they see a naked child with a big red mark across their face (where their sibling had just hit them). After recounting that you are in the hospital the policeman takes a moment and calls child protective services.  A social worker is dispatched.  Speaking with your mother-in-law they find that she has no written authorization to have temporary custody of your children in your absence or incapacity.  The social worker wants to protect your children and chooses to bring your children to a shelter until you either recover or a formal hearing on their custody can be held.  They feel fear, a sense of isolation, and learn some colorful words. This does not need to happen.

At the Weissler Law Group we routinely create documents to empower parents to authorize others to have physical custody of their children in their absence and to nominate either temporary or long term legal guardians for their kids if they will be unable to care for them for an extended period of time. To put in place documents to allow others to act for you, call the Weissler Law Group at (619) 281-1888.

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