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
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.
What’s the difference between a Power of Attorney for Child and a Child Medical Consent?
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.
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