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

Revocation and Termination


Revocation and Termination





Frequently Asked Questions
How and when does a Power of Attorney for Child end?A Power of Attorney for Child will end upon any of the following happening:
  • when the delegating parent or guardian dies;
  • when the Power of Attorney for Child is revoked by the delegating parent or guardian with notice of revocation to the Attorney-in-fact (depending on your state, this may be required to be in writing);
  • when the Attorney-in-fact resigns;
  • when the end date occurs, or the period stated within the Power of Attorney for Child is at an end;
  • when the time limit imposed by legislation is reached;
  • when the child reaches the age of 18; or
  • when a court order is made regarding the care or custody of the child.
What is the time limit imposed by legislation in my state?The parent or guardian may delegate parental powers for no longer than 180 days at a time; or, if the parent or guardian is a military member, no longer than the term of active duty service plus 30 days afterward.Do I need to compensate my Attorney-in-fact?No, an Attorney-in-fact may NOT be compensated.


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 TO DELEGATE PARENTAL OR LEGAL CUSTODIAL POWERS

1. I certify that I am the parent or legal custodian of:

______________________
(Full name of minor child)
October 23, 2021
(Date of birth)

2. I designate ____________________ of ___________________________, ___________________ as the attorney-in-fact of each child listed above.

3. I delegate to the attorney-in-fact all of my power and authority regarding the care, custody, and property of each minor child named above, including the right to enroll the child in school, the right to inspect and obtain copies of education records and other records concerning the child, the right to attend school activities and other functions concerning the child, and the right to give or withhold any consent or waiver with respect to school activities, medical and dental treatment, and any other activity, function, or treatment that may concern the child. This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. I understand that this power of attorney shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of any child under Title 20 of the Code of Virginia, and I understand that I shall continue to be bound by any obligations in such order. By my signature below, I hereby certify that I am not executing this power of attorney for any unlawful purpose or for the primary purpose of enrolling my child in a school for the sole purpose of participating in the academic or interscholastic athletics programs provided by that school.
OR
I/We delegate to the attorney-in-fact the following specific powers and responsibilities:
_____________________________________________________________________
_____________________________________________________________________.

This delegation shall not include the power or authority to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. I/We understand that this power of attorney shall not operate to change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of any child under Title 20 of the Code of Virginia, and I/we understand that I/we shall continue to be bound by any obligations in such order. By my/our signature below, I/we hereby certify that I/we am/are not executing this power of attorney for any unlawful purpose or for the primary purpose of enrolling my/our child/children in a school for the sole purpose of participating in the academic or interscholastic athletics programs provided by that school.

4. This power of attorney is effective for a period not to exceed 180 days, beginning October 23, 2021 and ending October 23, 2021. I  reserve the right to revoke this authority at any time.
OR
I/We am/are a service member, as defined by § 20-166 of the Code of Virginia, and am/are on, or am/are scheduled to be on, active duty for a period that is set to last longer than 180 days. This power of attorney is effective for a period not to exceed the period of active duty plus 30 days, beginning __________ (insert date) and ending __________ (insert date). I/We reserve the right to revoke this authority at any time.

Signature of parent/legal custodian, ____________________: ________________________

Date: ________________ ____, ________

5. I hereby accept my designation as attorney-in-fact for the minor child specified in this power of attorney and agree to act at all times in the best interests of the child specified herein and within the limits of the powers delegated to me. I understand that this power of attorney does not change or modify any parental or legal rights, obligations, or authority established by an existing court order or deprive a parent or legal custodian of any parental or legal rights, obligations, or authority regarding the custody, visitation, or support of the child specified herein. By my signature below, I affirm that I have received notice of any existing court order regarding the custody, visitation, or support of the child and agree to honor the rights of a parent or legal custodian of the child as specified in such order.

Signature of attorney-in-fact: ___________________________
Date: ______________________

6. I, _______________________, on behalf of _______________________, hereby approve the designation of the aforementioned attorney-in-fact for the minor child specified in this power of attorney and accept responsibility for the supervision of the placement during the time the child is in the care of the attorney-in-fact.

Signature of representative of licensed child-placing agency: _________________________
Date: ____________________

Commonwealth of Virginia
____________________ County

I, __________________, a notary public for the county aforesaid, in the Commonwealth of Virginia, do certify that ____________________, whose name is signed to the writing above (or hereto annexed) bearing date on the ________ day of ________________, ________ has acknowledged the same before me in my county aforesaid.

Given under my hand this ________ day of ________________, ________.

                                                                                       ____________________________
                                                                                       [Signature of Person Taking Acknowledgment]
                                                                                       ____________________________
                                                                                       [Title or Rank]
                                                                                       ____________________________
                                                                                      [Serial Number, if any]
Notary's Registration Number: _______________

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.

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.

Related articles:

Create your free Power of Attorney for Child in 5-10 minutes or less
Know someone who could benefit from free legal forms? Pass it along:
X
Thanks for sharing!
Create your own Power of Attorney for Child
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.