(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward. Temporary “delegation” of parental powers does not relieve the parent or guardian of the primary responsibility for the minor or incapacitated person.
(b) The provisions of subsection (a) of this section shall not be used or construed to allow a parent or guardian to thwart or circumvent provisions of Chapter 15 of Title 12 and Article 2 of Chapter 2 of Title 44.
(Acts 1987, No. 87-590, p. 975, §1-107; Acts 1988, 1st Ex. Sess., No. 88-898, p. 455, §1.)
Notes of Decisions
Cited in
5
cases, 2003–2009 · leading case:
K.S. v. G.A.B., 911 So. 2d 1085 (Ala. Civ. App. 2005).
K.S. v. G.A.B., 911 So. 2d 1085 (Ala. Civ. App. 2005).
· cites it 2× “Also, pursuant to Ala.Code 1975, § 26-2A-7, the mother executed “Delegations of Parental Authority” in favor of the respective children’s custodians “granting [to the custodians] physical custody and authority to make any decision relating to the physical custody, health,…”
Benson v. Benson, 876 So. 2d 1157 (Ala. Civ. App. 2003).
“) The wife also introduced a “Limited Power of Attorney” (dated November 19, 1999), in which her son and his former wife granted the husband and the wife, pursuant to § 26-2A-7, Ala.Code 1975, authority with respect to the health, education, and maintenance of the granddaughter.”
A.W. v. K.L.W., 27 So. 3d 558 (Ala. Civ. App. 2009).
· cites it 2× “The father attached a “Delegation of Parental Authority” pursuant to § 26-2A-7, Ala.Code 1975, signed by the mother on September 24, 2007, that granted the father temporary and “limited power of attorney granting physical custody and authority to make any decision relating to…”
Aw v. Klw, Jr., 27 So. 3d 558 (Ala. Civ. App. 2009).
· cites it 2× “The father attached a "Delegation of Parental Authority" pursuant to § 26-2A-7, Ala.Code 1975, signed by the mother on September 24, 2007, that granted the father temporary and "limited power of attorney granting physical custody and authority to make any decision relating to…”
Ks v. Gab, 911 So. 2d 1085 (Ala. Civ. App. 2005).
· cites it 2× “Also, pursuant to Ala.Code 1975, § 26-2A-7, the mother executed "Delegations of Parental Authority" in favor of the respective children's custodians "granting [to the custodians] physical custody and authority to make any decision relating to the physical custody, health,…”
Ala. Code § 26-2A-7(a): 2 cases
A.W. v. K.L.W., 27 So. 3d 558 (Ala. Civ. App. 2009).
“The father attached a “Delegation of Parental Authority” pursuant to § 26-2A-7, Ala.Code 1975, signed by the mother on September 24, 2007, that granted the father temporary and “limited power of attorney granting physical custody and authority to make any decision relating to…”
Aw v. Klw, Jr., 27 So. 3d 558 (Ala. Civ. App. 2009).
“The father attached a "Delegation of Parental Authority" pursuant to § 26-2A-7, Ala.Code 1975, signed by the mother on September 24, 2007, that granted the father temporary and "limited power of attorney granting physical custody and authority to make any decision relating to…”
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