Entitlement to Travel and Transportation Allowances

An Army official submitted a question concerning whether grandchildren living with a federal civilian employee stationed overseas may be recognized as the employee's dependents for the purpose of establishing entitlement to travel and transportation allowances. A severe accident incapacitated the grandchildren's mother. As a result, she made arrangements for her children to travel to Europe to live with their grandparents, an Army employee and his wife. In doing so, the mother executed a document in which she relinquished all custody and parental control to the grandparents. Later, the mother executed a Special Power of Attorney which delegated most of her parental powers to the grandparents for a period of 11 months or at the revocation of the mother. GAO reviewed the state laws and said that the applicable statute authorized a parent to delegate most, but not all, of her parental powers for a period not exceeding 9 months. GAO concluded that, although the mother properly delegated parental powers to the grandparents, under the applicable statute, no legal guardianship had been established. Accordingly, the grandchildren could not be considered dependents for the purposes of establishing entitlement to transportation and travel allowances.