Free Power of Attorney for Child

Answer a few simple questions Print and download instantly It takes just 5 minutes

Create Your Free Power of Attorney for Child

  1. Answer a few simple questions
  2. Email, download or print instantly
  3. Just takes 5 minutes

Power of Attorney for Child

Governing Law


Governing Law

Ohio

OhioBuilt for Ohio
Different states have different rules and regulations. Your Power of Attorney for Child will be customized for Ohio.


Frequently Asked Questions
Which governing law should I choose?Choose the state where the Power of Attorney for Child will be signed (executed).What is a Power of Attorney for Child for?A Power of Attorney for Child allows a parent or guardian to delegate broad or specific parental powers to a third party for a temporary period of time. It may also be referred to as a Power of Attorney to Delegate Parental Power, a Power of Attorney for Care of a Minor Child, an Authorization Agreement for Nonparent Caregiver, etc.

The Power of Attorney for Child does not transfer guardianship or legal custody, and does not change or deprive the parent or guardian of any parental or legal authority regarding the care and custody of their child.

If you wish to transfer guardianship or legal custody, you will need to comply with state laws regarding guardianship applications and may need to use a prescribed form.


Your Power of Attorney for Child

Update Preview
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Power of Attorney for Child
Page of

POWER OF ATTORNEY

I, the undersigned, ____________________, residing at ___________________________, ___________________, ___________________ County, in the State of Ohio, _______________, hereby appoint the child's grandparent, ____________________, residing at ___________________________, ___________________, ___________________ County, in the State of Ohio, _______________, with whom the child of whom I am the parent, guardian, or custodian is residing, this attorney in fact to exercise any and all of my rights and responsibilities regarding the care, physical custody, and control of the child, __________________, born April 18, 2024, having social security number (optional) __________, except my authority to consent to marriage or adoption of the child, and to perform all acts necessary in the execution of the rights and responsibilities hereby granted, as fully as I might do if personally present. The rights I am transferring under this power of attorney include the ability to enroll the child in school, to obtain from the school district educational and behavioral information about the child, to consent to all school-related matters regarding the child, and to consent to medical, psychological, or dental treatment for the child. This transfer does not affect my rights in any future proceedings concerning the custody of the child or the allocation of the parental rights and responsibilities for the care of the child and does not give the attorney in fact legal custody of the child. This transfer does not terminate my right to have regular contact with the child.

I hereby certify that I am transferring the rights and responsibilities designated in this power of attorney because one of the following circumstances exists:

  1. I am: (a) Seriously ill, incarcerated, or about to be incarcerated, (b) Temporarily unable to provide financial support or parental guidance to the child, (c) Temporarily unable to provide adequate care and supervision of the child because of my physical or mental condition, (d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable, or (e) In or about to enter a residential treatment program for substance abuse;
  2. I am a parent of the child, the child's other parent is deceased, and I have authority to execute the power of attorney; or
  3. I have a well-founded belief that the power of attorney is in the child's best interest.

I hereby certify that I am not transferring my rights and responsibilities regarding the child for the purpose of enrolling the child in a school or school district so that the child may participate in the academic or interscholastic athletic programs provided by that school or district.

I understand that this document does not authorize a child support enforcement agency to redirect child support payments to the grandparent designated as attorney in fact. I further understand that to have an existing child support order modified or a new child support order issued administrative or judicial proceedings must be initiated.

If there is a court order naming me the residential parent and legal custodian of the child who is the subject of this power of attorney and I am the sole parent signing this document, I hereby certify that one of the following is the case:

  1. I have made reasonable efforts to locate and provide notice of the creation of this power of attorney to the other parent and have been unable to locate that parent;
  2. The other parent is prohibited from receiving a notice of relocation; or
  3. The parental rights of the other parent have been terminated by order of a juvenile court.

This POWER OF ATTORNEY is valid until the occurrence of whichever of the following events occurs first:  (1) I revoke this POWER OF ATTORNEY in writing and give notice of the revocation to the grandparent designated as attorney in fact and the juvenile court with which this POWER OF ATTORNEY was filed; (2) the child ceases to reside with the grandparent designated as attorney in fact; (3) this POWER OF ATTORNEY is terminated by court order; (4) the death of the child who is the subject of the power of attorney; or (5) the death of the grandparent designated as the attorney in fact.

WARNING: DO NOT EXECUTE THIS POWER OF ATTORNEY IF ANY STATEMENT MADE IN THIS INSTRUMENT IS UNTRUE. FALSIFICATION IS A CRIME UNDER SECTION 2921.13 OF THE REVISED CODE, PUNISHABLE BY THE SANCTIONS UNDER CHAPTER 2929. OF THE REVISED CODE, INCLUDING A TERM OF IMPRISONMENT OF UP TO 6 MONTHS, A FINE OF UP TO $1,000, OR BOTH.

Witness my hand this ________ day of ________________, ________

_________________________________
Parent/Custodian/Guardian's signature

_________________________________
Grandparent designated as attorney in fact

State of Ohio
County of ____________________

Subscribed, sworn to, and acknowledged before me this ________ day of ________________, ________.

____________________________
Notary Public

Notices:

  1. A power of attorney may be executed only if one of the following circumstances exists: (1) The parent, guardian, or custodian of the child is: (a) Seriously ill, incarcerated, or about to be incarcerated; (b) Temporarily unable to provide financial support or parental guidance to the child; (c) Temporarily unable to provide adequate care and supervision of the child because of the parent's, guardian's, or custodian's physical or mental condition; (d) Homeless or without a residence because the current residence is destroyed or otherwise uninhabitable; or (e) In or about to enter a residential treatment program for substance abuse; (2) One of the child's parents is deceased and the other parent, with authority to do so, seeks to execute a power of attorney; or (3) The parent, guardian, or custodian has a well-founded belief that the power of attorney is in the child's best interest.
  2. The signatures of the parent, guardian, or custodian of the child and the grandparent designated as the attorney in fact must be notarized by an Ohio notary public.
  3. A parent, guardian, or custodian who creates a power of attorney must notify the parent of the child who is not the residential parent and legal custodian of the child unless one of the following circumstances applies: (a) the parent is prohibited from receiving a notice of relocation in accordance with section 3109.051 of the Revised Code of the creation of the power of attorney; (b) the parent's parental rights have been terminated by order of a juvenile court pursuant to Chapter 2151. of the Revised Code; (c) the parent cannot be located with reasonable efforts; (d) both parents are executing the power of attorney. The notice must be sent by certified mail not later than five days after the power of attorney is created and must state the name and address of the person designated as the attorney in fact.
  4. A parent, guardian, or custodian who creates a power of attorney must file it with the juvenile court of the county in which the attorney in fact resides, or any other court that has jurisdiction over the child under a previously filed motion or proceeding. The power of attorney must be filed not later than five days after the date it is created and be accompanied by a receipt showing that the notice of creation of the power of attorney was sent to the parent who is not the residential parent and legal custodian by certified mail.
  5. This power of attorney does not affect the rights of the child's parents, guardian, or custodian regarding any future proceedings concerning the custody of the child or the allocation of the parental rights and responsibilities for the care of the child and does not give the attorney in fact legal custody of the child.
  6. A person or entity that relies on this power of attorney, in good faith, has no obligation to make any further inquiry or investigation.
  7. This power of attorney terminates on the occurrence of whichever of the following occurs first: (1) the power of attorney is revoked in writing by the person who created it and that person gives written notice of the revocation to the grandparent who is the attorney in fact and the juvenile court with which the power of attorney was filed; (2) the child ceases to live with the grandparent who is the attorney in fact; (3) the power of attorney is terminated by court order; (4) the death of the child who is the subject of the power of attorney; or (5) the death of the grandparent designated as the attorney in fact.

    If this power of attorney terminates other than by the death of the attorney in fact, the grandparent who served as the attorney in fact shall notify, in writing, all of the following:

    1. Any schools, health care providers, or health insurance coverage provider with which the child has been involved through the grandparent;
    2. Any other person or entity that has an ongoing relationship with the child or grandparent such that the other person or entity would reasonably rely on the power of attorney unless notified of the termination;
    3. The court in which the power of attorney was filed after its creation;
    4. The parent who is not the residential parent and legal custodian of the child who is required to be given notice of its creation. The grandparent shall make the notifications not later than one week after the date the power of attorney terminates.
  8. If this power of attorney is terminated by written revocation of the person who created it, or the revocation is regarding a second or subsequent power of attorney, a copy of the revocation must be filed with the court with which that power of attorney was filed.

Additional information:

To the grandparent designated as attorney in fact:

  1. If the child stops living with you, you are required to notify, in writing, any school, health care provider, or health care insurance provider to which you have given this power of attorney. You are also required to notify, in writing, any other person or entity that has an ongoing relationship with you or the child such that the person or entity would reasonably rely on the power of attorney unless notified. The notification must be made not later than one week after the child stops living with you.
  2. You must include with the power of attorney the following information:
    1. The child's present address, the addresses of the places where the child has lived within the last five years, and the name and present address of each person with whom the child has lived during that period;
    2. Whether you have participated as a party, a witness, or in any other capacity in any other litigation, in this state or any other state, that concerned the allocation, between the parents of the same child, of parental rights and responsibilities for the care of the child and the designation of the residential parent and legal custodian of the child or that otherwise concerned the custody of the same child;
    3. Whether you have information of any parenting proceeding concerning the child pending in a court of this or any other state;
    4. Whether you know of any person who has physical custody of the child or claims to be a parent of the child who is designated the residential parent and legal custodian of the child or to have parenting time rights with respect to the child or to be a person other than a parent of the child who has custody or visitation rights with respect to the child;
    5. Whether you previously have been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child's being an abused child or a neglected child or previously have been determined, in a case in which a child has been adjudicated an abused child or a neglected child, to be the perpetrator of the abusive or neglectful act that was the basis of the adjudication.
  3. If you receive written notice of revocation of the power of attorney or the parent, custodian, or guardian removes the child from your home and if you believe that the revocation or removal is not in the best interest of the child, you may, within fourteen days, file a complaint in the juvenile court to seek custody. You may retain physical custody of the child until the fourteen-day period elapses or, if you file a complaint, until the court orders otherwise.

To school officials:

  1. Except as provided in section 3313.649 of the Revised Code, this power of attorney, properly completed and notarized, authorizes the child in question to attend school in the district in which the grandparent designated as attorney in fact resides and that grandparent is authorized to provide consent in all school-related matters and to obtain from the school district educational and behavioral information about the child. This power of attorney does not preclude the parent, guardian, or custodian of the child from having access to all school records pertinent to the child.
  2. The school district may require additional reasonable evidence that the grandparent lives in the school district.
  3. A school district or school official that reasonably and in good faith relies on this power of attorney has no obligation to make any further inquiry or investigation.

To health care providers:

  1. A person or entity that acts in good faith reliance on a power of attorney to provide medical, psychological, or dental treatment, without actual knowledge of facts contrary to those stated in the power of attorney, is not subject to criminal liability or to civil liability to any person or entity, and is not subject to professional disciplinary action, solely for such reliance if the power of attorney is completed and the signatures of the parent, guardian, or custodian of the child and the grandparent designated as attorney in fact are notarized.
  2. The decision of a grandparent designated as attorney in fact, based on a power of attorney, shall be honored by a health care facility or practitioner, school district, or school official.


Last Updated April 5, 2024

Written by 

Reviewed by 


|

Fact checked by 



What is a Power of Attorney for Child?

A Power of Attorney (POA) for Child allows parents or guardians to temporarily grant another adult the right to make parental decisions for their child if they are unavailable.

Having a Power of Attorney for your child is a useful way to help you protect your children and ensure they always have the best care, even when you’re not around.

While you are available for your child, you are still the primary decision-maker. Therefore, by appointing another person as your child’s temporary caregiver, you don’t lose your parental powers.

Depending on your state’s naming practices, the temporary caregiver is known as the attorney-in-fact or agent.

A Power of Attorney for Child is also known as a:

  • Power of Attorney for minor child
  • Medical Power of Attorney for child
  • Power of Attorney to delegate parental power
  • Authorization Agreement for Nonparent Caregiver
Take our 2024 Prenuptial Agreement Survey for a chance to win one of three $50 Amazon gift cards!

What powers can I grant in a Power of Attorney for Child?

When you create a Power of Attorney for your child, you have the option of granting someone general or specific authority over your child’s care.

General authority

Assigning another adult general authority authorizes them to make almost all the decisions regarding your child’s care and physical custody that you would be able to make if you were personally present. However, you can grant someone general authority and still outline certain restrictions.

Specific authority

If you don’t want to give the appointed caregiver such extensive control, you can grant them specific authority over your child’s care. When you assign someone specific authority, you specify the areas of your child’s care that you authorize them to control, such as their health and medical treatments.

Powers you can grant

Depending on whether you grant your child’s temporary caregiver general or specific authority, they can make all or some of the decisions regarding the care, physical custody, and control of your child. When creating a Power of Attorney for your child, you have the option of giving their caregiver the following powers:

  • Health care powers: With these powers, the caregiver can obtain medical, dental, and other health treatments for your child and make healthcare decisions on your behalf.
  • Education and school-related powers: The caregiver can enroll your child in school and daycare with these powers. Also, they can access school and academic records and make decisions regarding your child's education.
  • Maintenance and care powers: With these powers, the caregiver can control your child’s general care and travel with them. If they travel outside of the United States, additional documents may be required.

Powers you cannot grant

There are exceptions to what an appointed caregiver can do while they have the authority to care for your child. When you create a Power of Attorney for your child, regardless of granting their caregiver general or specific authority, they never have the power to:

  • Consent to the marriage or adoption of the child
  • Perform or induce an abortion on or for the child
  • Terminate your parental rights

How do I get a Power of Attorney for Child?

You can create a Power of Attorney for your child by using our template and providing the necessary information. To produce a legally binding document, you must include the following:

1. Party details

Provide personal information for yourself, your child, the agent or attorney-in-fact, and the child’s other legal guardian, unless you have sole custody. Be sure to provide your child’s birthdate and the agent or attorney-in-fact’s contact information.

2. Date of enforceability

Specify when the Power of Attorney for Child comes into effect. You can choose a specific date or a triggering event. A triggering event is an event upon which the Power of Attorney for Child will begin. For example, the Power of Attorney for Child could begin upon your incapacity.

3. Granted powers and restrictions

Outline the extent of authority you want your agent or attorney-in-fact to have over your child’s care. You can give them general authority or specific authority over certain areas. When you grant them general authority, you can still outline certain restrictions for your child’s care. For example, you may wish to prevent your agent or attorney-in-fact from traveling outside the state with your child.

4. Revocation and termination terms

If you wish, you can specify when the Power of Attorney for Child will end. You may specify that the Power of Attorney will end on a specific date or upon the happening of a certain event, such as regaining capacity after a medical emergency.

Depending on your state, there may be a limit to the length of time that you can delegate your parental powers.

A Child Medical Consent authorizes a caregiver to access medical care for your child without delay. This document only relates to your child’s medical care.

A Power of Attorney for Child allows you to grant broad or specific powers, both medical or non-medical. When you grant someone a Power of Attorney for Child, they can make health care decisions, education-related decisions, and control your child’s general care.

When should I make a Power of Attorney for Child?

Generally, if your child will be in the care of someone who isn’t their legal guardian for more than several days, you should create a Power of Attorney for them to ensure their continued health and safety.

There are many instances where you may be separated from your child for extended periods, including:

  • Taking a vacation without your children
  • Sending your child to live or travel with a relative
  • Traveling for work
  • Temporarily relocating to another city without your children
  • Staying in a hospital or medical facility due to physical or mental health issues
  • Deploying for military duty to another country or city
  • Serving a prison sentence or being incarcerated

Not all situations require a Power of Attorney for your child. You may not need one if you’re only going to be separated from your child for a short time. Also, if you’re going to be physically close to your child (e.g., within the same state) and would be able to travel without delay to act as their guardian, you may not need a Power of Attorney.

If you only want to give someone the authority to make medical decisions for your child, you may only need a Child Medical Consent form.

A Power of Attorney for Child may allow your child’s appointed caregiver to travel within the United States with your child. However, it’s best to create a Child Travel Consent form whenever your minor child is traveling domestically or internationally by themselves, with one legal guardian, or with a temporary chaperone.

Does a Power of Attorney for Child grant or transfer guardianship?

A Power of Attorney for Child does not transfer guardianship or legal custody. It does not deprive you, the parent or guardian, of any parental or legal authority regarding the care and custody of your child.

If you pass away, a Power of Attorney for Child does not transfer their guardianship either. If both parents or all legal guardians of a minor child pass away, the guardianship terms of their Wills dictate who will obtain custody.

If you wish to transfer guardianship or legal custody, you will need to comply with state laws regarding guardianship applications and may need to use a prescribed form.

You may revoke a Power of Attorney for your child at any time, but often only a court can change guardianship. However, some states do allow for temporary guardianship without court intervention.

Who should I appoint as my child’s temporary caregiver?

Your agent or attorney-in-fact must be a capable adult who you trust completely to care for your child. Ideally, you should choose someone who has a close relationship with your child. Often, parents and guardians appoint a close family member, such as a grandparent, aunt, or uncle.

When creating your Power of Attorney for Child and granting someone authority over your child’s care, consider their health and lifestyle. If someone is in poor health, they may not be the best choice for your agent or attorney-in-fact. Additionally, if their lifestyle and schedule aren’t suitable for taking care of a child, consider your other options.

Regardless of who you want to appoint as your child’s temporary guardian, discuss your choice with them beforehand. Doing so allows you to assess their comfort level and decide whether you should choose someone else.

How long does a Power of Attorney for Child last?

The enforceability period of a Power of Attorney for Child document can depend on a variety of factors. Generally, a Power of Attorney for Child will end upon any of the following events:

  • The delegating parent or guardian dies.
  • The Power of Attorney for Child is revoked in writing with the written document being provided to the agent or attorney-in-fact.
  • The agent or attorney-in-fact resigns.
  • The end date occurs.
  • The child reaches the age of 18.
  • A court order is made regarding the care or custody of the child.
  • The time limit imposed by legislation is reached.

In the United States, different state laws limit the length of time you can delegate your parental powers. For example, in California, there are no statutory limitations on the duration of a Power of Attorney for Child, so it remains effective until terminated or revoked. However, in Alabama, you may delegate parental powers for no longer than one year at a time.

A Power of Attorney for Child is no longer valid once the child reaches the age of 18. Once a child becomes an adult, they have to create their own Power of Attorney to grant someone the authority to act on their behalf.

Do I need a lawyer to create a Power of Attorney for Child?

No, you do not need a lawyer to create a binding Power of Attorney for your child. Use our template to create a document that is customized to your state’s laws. Simply provide your answers, print your Power of Attorney for Child, and get it notarized.

Do I need to get my Power of Attorney for Child notarized?

Yes, you must get a Power of Attorney for Child notarized. Most states require notarization for all types of Power of Attorney documents.

If you have sole custody or the other parent or guardian cannot be located, you may be the only party that needs to sign the document. If you and another parent or guardian have custody, you both need to sign the document.

Related Documents:

  • Child Medical Consent: Authorize a caregiver to manage your child’s medical care without the authority to control non-medical decisions, such as education-related ones.
  • Child Travel Consent: If your child is traveling without you, document your consent to their trip so they can travel seamlessly.
  • Power of Attorney: Appoint someone to make financial or property decisions on your behalf.
  • Revocation of Power of Attorney: Cancel or revoke a Power of Attorney at any time, even if the Power of Attorney has a specified end date.
  • Last Will and Testament: Protect your family after you’re gone by appointing a guardian for your minor children and dividing your assets.
Thumbnail of sample of Power of Attorney for Child document

Sample

Power of Attorney for Child

Personalize your Power of Attorney for Child.

Print or download in minutes.

Create your free Power of Attorney for Child in 5-10 minutes or less
This document preview is formatted to fit your mobile device. The formatting will change when printed or viewed on a desktop computer.
Loading ...
Loading ...

Note: Your initial answers are saved automatically when you preview your document.
This screen can be used to save additional copies of your answers.