2010 August | Taneff Law

Open Adoption

An attorney or agency arranging an adoption has a duty to advise the parties of the right to enter into a non binding open adoption. Open adoption allows the exchange of information, including identifying information. The Probate Court may not refuse to approve an adoption because of an open adoption agreement. An open adoption is not legally enforceable. An open adoption agreement cannot:

Share parental control
Deny access to social or medical history
Deny adoptive parent or child a copy of child’s adoption file
Deny parties non-identifying information
Provide that open adoption is binding or enforceable

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Post Adoption Contact With Birth Parents

Filed under: Adoption Tags: Adoption

The birth parents are given no identifying information about the adopting parents unless you have arranged an open adoption. Birth parents may inquire through our office about the child’s well-being or request a photo. While life may go on for the birth parents, the pain does not end. The exchange of status letters and photographs between the birth parents and the adoptive parents can be arranged through the office. For many prospective birth parents, the knowledge that they may have this type of exchange will not only ease their minds, but it may help them to make the decision to follow through with an adoption plan.

I know you will be preoccupied with the child. However, please take time to remember the birth parents. Many times I am asked by the birth mother, “how are they, how is the baby, are they happy, are they excited?” but my words are not good enough. Please send the birth parents a nice note and picture of the child if the birth parents request for this wonderful gift of life. This small token of appreciation is priceless. It assures the birth parents that the emotional toll taken to go through with the adoption was worth the pain and that they chose the right adoptive parents.

It is wise to mark your calendar and provide a status letter and photographs at one, three, six, nine and twelve months. There is no legal obligation to do so but one should always keep a moral commitment.

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The Reasons to Avoid a Guardianship

Filed under: Guardianship Tags: guardianships

Guardianships are administered and controlled by the Probate Court. Almost all records are public and open for inspection. When someone applies for a Guardianship over an adult that is physically and/or mentally incapacitated, the process requires a Physician’s Statement, Court Investigator’s Report and other filings. These could create embarrassment for the alleged incompetent and/or family.

With a Guardianship, the Probate process continues indefinitely until the incompetent is restored to competency or dies. Therefore, this process involves continuing Probate expense, possibly bond premiums, fiduciary and attorney fees. And, since this is a public record, all financial details surrounding the incompetent are open to public scrutiny.

This leads to the next question, which is how to avoid a Guardianship. The simple and most effective way is to provide a trusted family member or friend with a Durable Power of Attorney. This is different from a regular Power of Attorney because a regular Power of Attorney ceases to have legal effect upon the individual becoming incapacitated. Therefore it is critical to consider giving the correct type of Power of Attorney. To help minimize or avoid the probate it is best to provide someone you trust with a Durable Power of Attorney.

Should a guardianship become necessary, an individual may nominate a Guardian for themselves in their Power of Attorney.

In addition to having a Durable Power of Attorney in order to help avoid probate, it is essential to consider also providing a Durable Power of Attorney for Health care decision making.

Finally, another way to help avoid Probate or Guardianship is to have a Living Trust. However, the most common mistake people make with a Living Trust is the failure to fund their Trust. If a Trust is properly funded, it can minimize the risk associated with a Guardianship.

For more information about Guardianships or Contact Us.

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