Power of Attorney (POA): CAN A PARENT GIVE A POA TO HANDLE EDUCATION DECISIONS?

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Pam:  I know of many parents that do not have the time, the patience, nor the understanding of the law that is needed for them to advocate for their child. Can a Paralegal attend the IEP conference and handle all issue pertaining to the education of the student, providing that the parent give the paralegal a POA. State of Ohio if that would make a difference. If so can the Paralegal be paid from the social security funds or educational grants/ scholarships that the child receives?

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ROSELYN
02/22/2021 4:55 pm

Hi, Do i need to have an attorney draw a POA for my special needs daughter. She is 17 years old now and the school give a form to sign for transfer of rights at age of majority. Thank you for your help.

Chuck
02/23/2021 2:34 pm
Reply to  ROSELYN

That could depend on your state rules. In general, I believe that if a POA is written properly, & notarized that the school would have no basis for challenging it.

Adrianne
10/01/2018 2:21 pm

I am in Texas…My grandson is special needs…My daughter has given me educational power of attorney because I understand the processes and she is just not good at advocating for her children…At any rate, the school refuses to acknowledge the power of attorney because it says that only a judge can grant power of a special needs child.

Chuck
10/02/2018 12:00 pm
Reply to  Adrianne

You can write to the special ed director about this situation. Hopefully this person understands that you have the right to do this and will tell the campus staff. I am with the TX federally funded parent training and information center. You can find our person working with your area at: http://www.prntexas.org

Mick
10/01/2019 3:23 pm
Reply to  Chuck

Chuck – I find this discussion very interesting. Does IDEA specifically give permission for the use of an Educational Power of Attorney? If so, can you provide a citation? I’m new to this so please forgive me if I am missing something that is hiding in plain sight.

Chuck
10/01/2019 4:51 pm
Reply to  Mick

IDEA rules do not address this. Many issues come down to state rules, or law. So if state law/rules allow it, on what basis can a school deny it?

Sharon L.
11/20/2016 8:51 pm

You can make anyone you want your power of attorney however I am unsure of the payment questions.