Decide who can make choices for your children: Power of Attorney for Child
What we’ll cover
What is a Power of Attorney for Child?
A Power of Attorney for a Child is a legal document that parents can use to grant someone else the rights to care for their children. A Power of Attorney for a Child is a temporary delegation of parental authority that is often used when parents cannot take care of their children for an extended period of time usually up to six months or a year.
With a Power of Attorney for a Child, your agent will be able to offer official confirmation that they are responsible for your kids.
When to use a Power of Attorney for a Child:
- You are leaving your children in someone's care for an extended period.
- You are in the military and will be deployed away from your children.
- You will be admitted to a long-term inpatient medical facility for treatment.
- You need someone to care for your children while you are incarcerated.
- You want to prepare for the unlikely event that you are unavailable to make decisions for your child(ren).
Have questions about your Power of Attorney for Child?
Whether you're preparing your Power of Attorney for Child, reviewing one someone sent you, or just want to understand it better, here's how to get help.
- Understand what it says or review it. Use our AI legal assistant to ask questions about your Power of Attorney for Child, understand what it says, and spot anything that may need a closer look.
- Ask an attorney a question. Connect with an attorney for legal information, with a written answer within one business day or a live consultation.
- Get advice on what to do. For privileged, confidential advice about your specific circumstances and next steps, book a Legal Advice Session with an attorney.
Sample Power of Attorney for Child
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Complies with relevant laws
KNOW ALL PERSONS that we, and , of , , , appoint , of , , ,
born on
hereby release from liability any individual, business, or health care provider providing medical care in reliance on this document from liability relating to acceptance of this form and the Attorney-in-Fact's consent.
STATE OF ss:, ss:
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, ______.
The foregoing Power of Attorney for Child was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing Power of Attorney for Child was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, _____ by , who is personally known to me or who has produced ________________________________ as identification.
This Power of Attorney for Child was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above General Power of Attorney, and acknowledged that such person executed it as such person's voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
_________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
| _________________________________ |
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
I, , have read the foregoing Power of Attorney. I am the person(s) identified therein as agent(s) for the principal named therein. I acknowledge my legal responsibilities.
| Dated: | day of | , 20 | . |
Agent signs here: ____________________________________
STATE OF NEW YORK
COUNTY OF ________________________
| On this day of | , 20 | before me the undersigned, personally appeared |
, personally known to be or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he or she executed the same in his or her capacity, and that by his or her signature on the instrument, the individual, or the person who acted on behalf of the individual, executed the instrument and that such individual(s) made such appearance before the undersigned this day.
____________________________________
Notary
About Powers of Attorney for Children
Learn how to decide who can make choices for your children
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How To Write a Power of Attorney for Child
A Power of Attorney for Child (also known as a Parental Power of Attorney or Minor Power of Attorney) can be used by parents or guardians to allow a temporary caretaker to make certain decisions for their minor child(ren) over a period of time. Most states limit the length of time a Power of Attorney for Child can be in effect to a maximum of six (6) months. If the caretaker is needed to provide support for longer than six (6) months, you can create a new Power of Attorney or you can consider permanent guardianship proceedings.
A Power of Attorney for Child is perfect for parents or guardians planning a vacation away from their children. Signing a Power of Attorney for Child prior to leaving for vacation will provide peace of mind knowing the caretaker(s) will have full authority to handle any matter that may arise in the parents’ or guardians’ absence. Parents or guardians might consider preparing a Power of Attorney for Child for even short weekend trips away from their children to ensure their children are not missing the care they need.
The Power of Attorney for Child is a relatively simple document. Here are the main clauses you may find when creating this document.
Agent Powers
This Power of Attorney for Child will grant your Agent(s) full care, control, and authority over the minor child(ren) named in the document. This authority will extend to all matters except the authority to authorize the marriage or adoption of the minor child and the ability to sell, convey, or transfer real or personal property owned by the minor child. With this Power of Attorney, your Agent(s) will have the authority to make important medical, health, and educational decisions regarding your minor child.
Termination
Unlike a Power of Attorney for an adult, a Power of Attorney for a minor cannot stay in effect forever. Most states restrict the Power of Attorney for Child to a period not to exceed six (6) months. There are certain exceptions to this rule for military personnel. While the authority under the Power of Attorney for Child cannot exceed six (6) months, a parent is free to execute a new Power of Attorney for Child at the expiration of the previous Power of Attorney naming the same Agent(s).
Signing
Signing a Power of Attorney for Child allows a parent or guardian the flexibility to temporarily sign over their parental rights and responsibilities while maintaining the ability to revoke the power at any time. If parents were to appoint a guardian for their minor child, this act could take considerable time and effort to regain their authority if the guardian is unwilling to give up their authority.
Most states require that the Parental Power of Attorney must be signed in front of a notary public (notarized). Notarization is required because it makes it harder for a third party to challenge the validity of the signature.
The signer(s) must also be mentally competent.
Power of Attorney for a Child FAQs
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What parental rights does a Power of Attorney for a Child give the agent?
This document gives the agent (the appointed caregiver) nearly the same rights as the custodial parent. Parents can also outline additional responsibilities if desired. Besides providing basic day-to-day care, you can also assign your agent to:
- Enroll children in school, daycare and extracurricular activities
- Access school records and participate in decisions regarding the children's education
- Obtain medical, dental and mental health treatment and make healthcare decisions on behalf of the children
- Travel with the children (travel outside of the U.S may require additional documents)
This document builder also allows parents to describe additional limitations to the agent's power. For example, a parent could say the agent is not allowed to consent to baptize their children or to travel outside the country with the children.
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What are the limitations of using a Power of Attorney for a Child?
There are a few limitations to Child POAs. First, it does not change custody of the children and cannot overpower the other parent's legal rights to the children. In addition, the appointed agent cannot allow the children to be married and cannot release them to be adopted. The document cannot allow placement of your children with someone the courts have already deemed as unfit. If the parents change their mind about their agent, the Power of Attorney for Child can be revoked at any time.
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Who should I choose as the agent to care for my children?
You may already know who you want to care for your children if you cannot. Often grandparents or siblings are chosen as agents. If you have a few people to choose from, you may be trying to figure out who would be the best caregiver for your children.
Whomever you choose, you should discuss with them what your expectations are in advance to help you evaluate if they are up to the task. If they feel they cannot fulfill the duties, that needs to be considered as well. Questions to ask yourself when choosing an agent for your children:
- Do they have the financial resources to support your children? If not, is additional support available?
- Are they healthy enough to care for your children? An ailing person may not have the stamina to care for your active children. Is the person mentally stable?
- Is the person free from any legal entanglements that may interfere with their ability to be a stable agent? If the courts were to intervene, would the agent pass scrutiny?
- Do they have the ability to ensure that your children will be able to go to the school of your choice and maintain their extracurricular activities?
- Would they support your values or parenting style? Would they discipline the children in a manner you'd approve?
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Does the POA for Minor document need to be notarized?
The guidelines governing PoA forms will be different in each state; however, it is highly encouraged to have your Power of Attorney signed by at least two witnesses and/or acknowledged by a notary public to reinforce the legitimacy of the document. As a rule, any witnesses to the document should be over 18 years old, and no witness should also be designated as your Power of Attorney agent.
If both parents have custody and or are still married, both parents need to sign the document. If you have sole custody, or the other parent cannot be located, you may be the only one that needs to sign the document. However, you do need to attempt to notify the other parent in writing that the document exists. A legal guardian may also make and sign this document, if both parents are not available.
Some states may require that the document be filed with the local court or juvenile court.
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How long does a Child POA last?
In most areas, the document is legally limited in duration. It can last as long as the document states, until it is revoked, or often six months or a year. Most states will allow longer if the sole parent is deployed. When a parent is deployed by the military, they have to take possession of their children within a certain amount of time after their deployment ends. If you need to have someone else care for your children longer, you can usually make another Temporary Delegation of Parental Authority to extend the time. If you are incarcerated, you can sign another POA using notary services that are often available through prisons services if requested.
