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.

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.

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.

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.

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.

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.