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Making a Power Of Attorney For Child
Power of Attorney for Child documents are used to allow parents to appoint someone else the rights to care for their children temporarily. It 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.
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A Power of Attorney for Child is a document that appoints someone (an agent) to temporarily lawfully care for your children. It can go into effect for a specific duration or begin as soon as an event happens, such as if one or both parents become incapacitated. This document is often used if a parent will not be able to care for their children for a long duration such as if they are being deployed by the military or if they are entering a medical treatment facility. This document does not transfer custody of the children nor is it a document that takes away lawful parental rights.
This document is for the care of your children only, if you want to appoint someone to take care of your finances, you'll need to use this standard Power of Attorney document. If you just need to give a caregiver or family member the rights to approve medical treatment while you are away for a short time, a Consent for Medical Treatment of a Minor document will provide that consent for you.
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:
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.
Creating a Power of Attorney for Minor is simple. You only need a few items of information to make the document, including:
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 fulfil the duties, that needs to be considered as well. Questions to ask yourself when choosing an agent for your children:
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 or adopted 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.
No, you do not. While you may benefit from legal consultation, it is not required.
If you make a POA using a Rocket Lawyer trial account, you only have to pay for notary fees. If you have a Rocket Lawyer plan you can save on lawyer fees by taking advantage of a 30-minute consultation and discounted On Call attorney rates. Plus, you can use Rocket Lawyer to make your financial Power of Attorney, Will and other documents that may be important to your family.
Yes, this is an important document so notarization is required. Notary services are available in most areas and your bank or credit union may even offer free notary services. 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. If both parents have custody and or are still married, both parents need to sign the document. 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.
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.
A Grandparent's POA is simply a Power of Attorney for Child document that appoints specific grandparents as the agents. Since grandparents are often chosen to care for grandchildren, this document is often nicknamed a Grandparent's Power of Attorney. Another common POA is a Military Power of Attorney for Child. This type of Temporary Delegation of Parental Authority is active when parents are deployed in the military.