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.
Last Update September 22nd, 2023
- What Is a Power of Attorney for Child?
- Powers Granted in a Minor POA
- How to Write a Power of Attorney for Child
- Maximum Duration of a Minor Power of Attorney
- Sample of Power of Attorney for Child
- Other Child Legal Documents
- FAQS About Minor Power of Attorneys
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:
Business or recreational travel
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
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.
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.
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.
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.
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.
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.
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.
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.
|Delaware||Not stated||§2320 to § 2328|
|Georgia||Not stated||§ 19-9-124|
|Illinois||Not stated||§755 ILCS 45|
|Indiana||12 months||§ 29-3-9-1|
|Iowa||No laws exist||No laws exist|
|Louisiana||No laws exist||No laws exist|
|Maine||12 months||§ 5-127|
|Maryland||No laws exist||No laws exist|
|Mississippi||No laws exist||No laws exist|
|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|
|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 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.
Other Child Legal Documents
There are related legal documents that may help you in a current or future situation. The following documents can also be used to ensure your child always has someone you trust able to make decisions for them.
Documents dealing with all types of family and personal matters can be found on LawDistrict’s website.
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.