Free Power of Attorney for Child Form

Take advantage of our easy-to-use Power of Attorney for Child template. Safely give someone you trust the authority to be your child’s caretaker for a period of time.

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Last Update June 12th, 2024


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What Is a Power of Attorney for Child?

A Power of Attorney for Child is a legal form used by parents to grant temporary delegation of parental authority to someone else.

This individual is referred to as an “attorney-in-fact” or “agent” and is legally authorized to act on behalf of the minor. 

A POA for Minors is less permanent than guardianship and can be used to grant more limited authority in specific situations.

The authority is usually granted for a period of around 6 to 12 months

Since you are giving authority to make decisions for your child to another person it is also essential to choose an agent that you completely trust.

When to Use a Power of Attorney for a Minor

A Power of Attorney for Minors is appropriate when there is a need to grant authority to another person or organization to make decisions regarding your child. 

It is used when the parent or legal guardian is unavailable, typically due to one of the following reasons:

  • Military service
  • Surgery
  • Business or recreational travel
  • Imprisonment

However, it can be used for any reason a parent cannot be present to make crucial decisions on their child’s behalf.

While a POA for Minors grants an individual to make decisions for your child it does not give them custody.

If you would like to transfer legal custody to someone else, you should use a Temporary Guardianship form.

Powers Granted in a Minor POA

The appointed individual can make certain important decisions concerning the minor’s healthcare and education. 

As a parent, you can grant the following powers to your agent:

  • Health Care: With health care powers, the person attorney-in-fact can approve medical and dental treatments for your child. They can also make decisions regarding healthcare.
  • Education: The agent is allowed to register your child in a school or daycare and receive academic records to make school-related decisions.
  • Care: These powers are provided to handle the child’s general well-being and the agent can accompany the child on any international trips.

For an international trip, a Child Travel Consent form should be used to provide additional authority to the adult traveling with your child. 

Powers Not Granted

While a Power of Attorney for Minors grants a caretaker a lot of authority there are notable powers not given.

The agent in the Child POA will not be given the following powers:

  • Authorize the marriage or adoption of the minor
  • Carry out an abortion on or for the minor
  • Renounce your parental rights

With these exceptions, your agent will not be given too much power, and you can create a secure arrangement

How to Write a Power of Attorney for Child

  1. Include parent and child details: Begin the document by identifying the parent(s) and child by their full names, addresses, and other important identifying information such as birthdates.
  2. Name the agent: Identify the person who will be acting as the agent or attorney-in-fact on behalf of the child. Include the agent's full name, address, and contact information.
  3. List the agent's powers: Specify the powers you are granting to the agent. These may include making decisions related to significant aspects of the child's life. Be sure to include any limitations on the agent's powers if necessary.
  4. Indicate the time period: Specify the period for which the Power of Attorney will be valid. You may choose to make it effective immediately, or you may set a specific date or event that will trigger the agent's powers.
  5. State the governing law: Include a statement specifying the governing law of the Power of Attorney. This will typically be the laws of the state where the child resides.
  6. Add signatures: Sign and date the Power of Attorney. The agent may also need to sign the document to indicate their acceptance of the appointment.
  7. Include the agent's acceptance: Add a section for an agent statement indicating their acceptance of the appointment and their willingness to act in the best interests of the child.
  8. Add witness and notary signatures: Include a section for two witnesses and a notary to sign the document. Even if your state does not require this you should add witness signatures.

Once you have completed these steps and ensured that you are following your state’s laws, the Power of Attorney for your child should be legally binding and enforceable

Be sure to keep a copy of the document for your records, and provide a copy to the agent as well as any relevant parties (such as schools, healthcare providers, etc.) who may need to rely on the document.

Use our Power of Attorney for Child template to help you create a secure legal document free of errors.

Maximum Duration of a Minor Power of Attorney

Each state has its own allowed timeframe that a Minor POA can be used. Ensure that you adhere to the limits set by your state.

Check the table below to find out if there is a limit set on the Minor POA’s timeframe in your state.

State Max Duration Law
Alabama 1 year §26-2A-7
Alaska 1 year §13-26-066(c)
Arizona 6 months §14-5104
Arkansas Not stated §28-68-213
California Not stated §1510-1517
Colorado 12 months §15-14-105
Connecticut 1 year §45a-622
Delaware Not stated §2320 to § 2328
Florida Not stated §744.3021
Georgia Not stated § 19-9-124
Hawaii 1 year §560:5-105
Idaho 6 months §15-5-104
Illinois Not stated §755 ILCS 45
Indiana 12 months § 29-3-9-1
Iowa No laws exist No laws exist
Kansas 1 year §38-2403(d)(2)(A)
Kentucky Not stated §27A.095
Louisiana No laws exist No laws exist
Maine 12 months § 5-127
Maryland No laws exist No laws exist
Massachusetts Not stated §5-202
Michigan 180 days §700.5103(1)
Minnesota Not stated §257B.04
Mississippi No laws exist No laws exist
Missouri 1 year §475.602
Montana 6 months §72-5-103
Nebraska 6 months §30-2604
Nevada 6 months §159.0613
New Hampshire No laws exist No laws exist
New Jersey 1 year §3B:12-39
New Mexico 6 months §45-5-104
New York Not stated §661
North Carolina Not stated §32A-28 to § 32A-34
North Dakota 6 months §30.1-27-07(3)
Ohio Not stated §3109.52 to § 3109.61
Oklahoma 1 year §10-700(A)
Oregon 6 months §109.056(1)
Pennsylvania Not stated §2513
Rhode Island Not stated §33-15.1-14
South Carolina Not stated §63-5-30
South Dakota Not stated § 29A-5-201
Tennessee Not stated § 34-6-302
Texas Not stated Sec. 1104.052
Utah 6 months § 75-5-103
Vermont Not stated § 2659
Virginia 180 days § 20-166(A)
Washington Not stated §11.125.410
Washington D.C. Not stated § 21–2301
West Virginia Not stated §44A-1-1.
Wisconsin 1 year § 48.979(1)(am)
Wyoming Not stated § 3-2-202

Sample of Power of Attorney for Child

To help you understand how a Power of Attorney for Child should be structured, you should review a well-written example.

Have a look at our example below to make certain that you know exactly how your form should look. 

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Power of Attorney for a Minor Sample

FAQS About Minor Power of Attorneys

When creating a Minor Power of Attorney, you may have some doubts regarding what to include or how to obtain the document.

For this reason, we have included responses to a couple of the most commonly asked questions regarding this legal form.

How Can I Get a Power of Attorney for a Child?

In most cases, parents will go to a lawyer to have them draft their Power of Attorney for a child. While an attorney can almost always provide this service, it is often expensive and can take a long time to complete.

Use our Minor Power of Attorney template to quickly draft your document and avoid huge legal fees

It will also ensure that you create a mistake-free form and only grant the powers you think are necessary. 

What Is the Difference Between Minor Power of Attorney and Child Medical Consent?

The two legal documents serve similar functions, however, have a couple of key differences

The Minor Power of Attorney gives not only permission to make medical decisions on the child’s behalf, but also general and educational ones as well. 

A Child Medical Consent form gives a caregiver the authority to make healthcare decisions only.

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Power of Attorney for a Minor Sample

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