Limited Power of Attorney
KNOW ALL MEN BY THESE PRESENTS that I(We), ______________________of these presents do make, constitute, and appoint BOB WILLS, S. L. GERHARDT, or any other officer of the Mountain Park Baptist Church, as my(our) true and lawful Attorney, for the limited purpose herein stated and in my(our) name, place, and stead and as my(our) act and deed to the following:
To incur any debts necessary by my(our) said Attorney-In-Fact for the medical care of my(our) child, ____________________________, and to execute all documents deemed necessary by the provider of those medical services with full authorization to admit my(our) child, _________________________, which I(we) might or could do in my(our) own person if personally present.
GIVING AND GRANTING unto my(our) said Attorney-In-Fact full power and authority to do and perform all and every act in the exercise of my(our) parental rights concerning my(our) child, ____________________, which I(we) might or could do in my(our) own person if personally present.
And I(we) hereby declare that any act or thing lawfully done by my(our) said Attorney-In-Fact shall be binding on me(us), my(our) heirs, legal and personal representatives; provided the same shall have been done pursuant to this Power of Attorney and shall have been done prior to revocation of this instrument.
IN WITNESS WHEREOF, I(We) have hereunto set my(our) hand(s), dated on this _____ day of ______________________, 20_____.
_____________________________________ _____________________________________
Signature Signature
_________________________________________________
__________________________________________________
State of ______________________________ County of _____________________________
On this ______ day of ______________, 20_____ personally appeared before me, a Notary Public.
Witness my hand and official seal.
_________________________________________
(Notary Public) (Notary Stamp)
My commission expires ______________________, 20_____.
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Missouri Statutes against Transferring
custody or charge of a minor child.
RSMO 453.110. 1. No
person, agency, organization or institution shall surrender custody of a minor
child, or transfer the custody of such a child to another, and no person,
agency, organization or institution shall take possession or charge of a minor
child so transferred, without first having filed a petition before the circuit
court sitting as a juvenile court of the county where the child may be, praying
that such surrender or transfer may be made, and having obtained such an order
from such court approving or ordering transfer of custody.
2. If any such surrender
or transfer is made without first obtaining such an order, such court shall, on
petition of any public official or interested person, agency, organization or
institution, order an investigation and report as described in section 453.070
to be completed by the division of family services and shall make such order as
to the custody of such child in the best interest of such child.
3. Any person violating
the terms of this section shall be guilty of a class D felony.
4. The investigation
required by subsection 2 of this section shall be initiated by the division of
family services within forty-eight hours of the filing of the court order
requesting the investigation and report and shall be completed within thirty
days. The court shall order the person having custody in violation of the
provisions of this section to pay the costs of the investigation and report.
5. This section shall not
be construed to prohibit any parent, agency, organization or institution from
placing a child in a family home for care if the right to supervise the
care of the child and to resume custody thereof is retained, or from placing a
child with a licensed foster home within the state through a child
placing agency licensed by this state as part of a preadoption placement.
Missouri
Statutes concerning the Termination of Powers of Attorney
RSMO 404.717. 1. As
between the principal and attorney in fact or successor attorney in fact, and
any agents appointed by either of them, unless the power of attorney is coupled
with an interest, the authority granted in a power of attorney shall be
modified or terminated as follows:
(1) On the date shown in
the power of attorney and in accordance with the express provisions of the
power of attorney;
(2) When the principal, orally
or in writing, or the principal's legal representative with approval of the
court in writing informs the attorney in fact or successor that the power of
attorney is modified or terminated, or when and under what circumstances it is
modified or terminated;
(3) When a written notice
of modification or termination of the power of attorney is filed by the
principal or the principal's legal representative for record in the office of
the recorder of deeds in the city or county of the principal's residence or, if
the principal is a nonresident of the state, in the city or county of the
residence of the attorney in fact last known to the principal, or in the city
or county in which is located any property specifically referred to in the
power of attorney
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Comments
from Survivors
Limited????? This
document is called the Limited Power of Attorney- but obviously the title is
simply used to make parents feel better about giving this power over to the
school. There is nothing Limited about this document. It begins by stressing
the concern for Mountain Park to be able to use the document for the student’s
medical care. However, this is not limited to medical care when you read the
document completely.
Look at the third full paragraph in the
Power of Attorney above:
“GIVING AND GRANTING unto my(our)
said Attorney-In-Fact full power and authority to do and perform all and every
act in the exercise of my(our) parental rights concerning my(our) child,
____________________, which I(we) might or could do in my(our) own person if
personally present.”
In this paragraph we see that the parent is
giving the administration of Mountain Park charge over their minor child to
perform ALL and EVERY act of their PARENTAL RIGHTS. They are given the same
rights as the parents over the child. Is this not giving legal charge over
their minor child??? Is this not the same crime listed in the above Missouri
statute that is classified as a Class D Felony???
In the last paragraph of the document, we
see that that any act lawfully done by the Attorney-In-Fact named therein is
binding on the parent, their heirs (the child over whom the power is being
given) and any representative thereof until the document is revoked. Where is
the date of termination for the Power of Attorney? As a former military spouse,
I have had to deal with Powers of Attorney for my husband on many occasions due
to deployment and other military service. In each instance that one was filed,
a date of termination, usually at the end of two years from the date of filing,
was listed on the document. In this instance, when dealing with the rights of a
child, there is no place for a date of revocation.
In the State of Missouri, this Power of
Attorney would therefore be legal and binding even if the child were removed
from the school until such time as the child became of legal age in their state
of residence. Most parents do not even look at that fact when they place their
confidence in the owners and administrators of Mountain Park. They are placing
their child completely at the legal will of these people, and can only revoke
this after they file a document with the local courts- which should have been
done prior to signing the document in the first place. How much power do the
owners of Mountain Park really have over the children they have imprisoned?
Indefinite, it would seem from this document.
And parents agree to this?? They must, before enrollment.