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  1. #1
    Join Date
    Nov 2019
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    1

    Default Would Emancipation Be Worth It

    I was kicked out of my home about a year ago. I have been living with a friends family that has Power of Attorney over me for medical and school. I currently meet all requirements for emancipation except financial as I have not been paying rent or food expenses , and my dad has not expressed any will torwards taking me back. I turn 18 in about 7 months and am wondering would emancipation be worth it or should I wait the rest of the time till I turn 18

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Would Emancipation Be Worth It

    In what US state is this? Not all states will emancipate a minor and I don't know of any that will emancipate a minor who is not paying every penny of his own support.

  3. #3
    Join Date
    Oct 2016
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    3,349

    Default Re: Would Emancipation Be Worth It

    Quote Quoting Kyquestions
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    I was kicked out of my home about a year ago. I have been living with a friends family that has Power of Attorney over me for medical and school. I currently meet all requirements for emancipation except financial as I have not been paying rent or food expenses , and my dad has not expressed any will torwards taking me back. I turn 18 in about 7 months and am wondering would emancipation be worth it or should I wait the rest of the time till I turn 18
    While it does matter what state you are in there is no US state that will allow emancipation of a minor that can't show financial independence. And even if your state allows emancipation and you could prove financial independence the chances of getting it done very long before your 18th birthday are somewhere between slim and none.

  4. #4
    Join Date
    Jul 2018
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    1,796

    Default Re: Would Emancipation Be Worth It

    Quote Quoting Kyquestions
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    I have been living with a friends family that has Power of Attorney over me for medical and school.
    Just so you understand, a power of attorney ("POA") is a document by which one person (the principal) gives another person (the agent or attorney-in-fact) the authority to deal with third parties on behalf of the principal. There is no such thing as having "[p]ower of [a]ttorney over" another person. A POA may be very broad or may be extremely narrow. For example, I could give the woman who sits outside my office authority to handle all of my financial affairs, or I could give her authority to handle only a single thing (e.g., the sale of my car). In your case, I suspect that your parents gave the friends' family a POA to make medical and educational decisions for you that your parents would otherwise have exclusive authority to make.


    Quote Quoting Kyquestions
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    I currently meet all requirements for emancipation except financial as I have not been paying rent or food expenses
    What does "all requirements for emancipation" mean? In other words, the laws vary (sometimes greatly) from state to state and you didn't identify your state (despite having been prompted to do so when you posted).


    Quote Quoting Kyquestions
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    I turn 18 in about 7 months and am wondering would emancipation be worth it or should I wait the rest of the time till I turn 18
    I'm not sure what "worth it" means, and no one here can make value judgments for you. Keep in mind that, while laws vary from state to state, it is generally the case that a minor seeking to be emancipated must have parental consent and the demonstrable ability to support him/herself without any assistance from anyone else. Since it sounds like you lack the ability to be self-supporting, it sounds like any consideration of whether it's "worth it" is moot.

  5. #5
    Join Date
    Sep 2010
    Posts
    19,291

    Default Re: Would Emancipation Be Worth It

    I suspect the parents have given a their power of attorney to allow a person to act for them on matters involving a child. A child can't grant a POA any more than they could engage in the contracts that the power was for.

  6. #6
    Join Date
    Jan 2006
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    38,789

    Default Re: Would Emancipation Be Worth It

    Quote Quoting flyingron
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    I suspect the parents have given a their power of attorney to allow a person to act for them on matters involving a child. A child can't grant a POA any more than they could engage in the contracts that the power was for.
    A minor can engage in contracts. Depending on the circumstances they may or may not be enforceable. Some contracts with minors are wholly enforceable while others are not.

    With that said, a POA issued by a minor may be enforceable, depending on the circumstances.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,291

    Default Re: Would Emancipation Be Worth It

    A minor can initiate contracts in California, but only a fool would take one as they are voidable.
    I'm not sure minors can delegate POAs, but delegation of POAs by the parents with regard to child issues is common (in fact, the state even has a premade for such).

  8. #8
    Join Date
    Jun 2014
    Posts
    3,097

    Default Re: Would Emancipation Be Worth It

    Quote Quoting flyingron
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    I suspect the parents have given a their power of attorney to allow a person to act for them on matters involving a child. A child can't grant a POA any more than they could engage in the contracts that the power was for.
    It makes no sense that a minor could choose the person they want to have their POA by themselves. A minors judgement can be easily influenced. In addition, minors do not have the ability to fully comprehend the seriousness and responsibility of a person having POA.

  9. #9
    Join Date
    Jan 2006
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    38,789

    Default Re: Would Emancipation Be Worth It

    Quote Quoting flyingron
    View Post
    A minor can initiate contracts in California, but only a fool would take one as they are voidable.
    I'm not sure minors can delegate POAs, but delegation of POAs by the parents with regard to child issues is common (in fact, the state even has a premade for such).
    as I correctly stated, not all contracts a minor may engage in are voidable at will by the minor. As with many states, essentials of life contracts are wholly enforceable. California does add one stipulation not typical in other states I’ve reviewed; the section requiring the child to not be living under the care of a parent or guardian able to provide for the minor.

    A contract, otherwise valid, entered into during minority, may not be disaffirmed on that ground either during the actual minority of the person entering into the contract, or at any time thereafter, if all of the following requirements are satisfied:
    (a) The contract is to pay the reasonable value of things necessary for the support of the minor or the minor’s family.
    (b) These things have been actually furnished to the minor or to the minor’s family.
    (c) The contract is entered into by the minor when not under the care of a parent or guardian able to provide for the minor or the minor’s family.




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