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Making 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.
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. Designed for residents of all states, Power of Attorney forms for children from Rocket Lawyer can be customized to address your unique situation. With this official document on hand, your agent will be able to offer official confirmation that they are responsible for your kids.
This document may also be called a Power of Attorney for Child Care and Custody, POA for Child, Power of Attorney for a Minor, Medical Power of Attorney for Child, Temporary Delegation of Parental Authority, Temporary Power of Attorney for Minor, Grandparent Power of Attorney.
It's fast and easy to get the support you need with a free Power of Attorney for a child template from Rocket Lawyer:
This route, in many cases, will end up being notably more affordable than finding and working with a traditional lawyer. If necessary, you can start this PoA on behalf of a relative, and then have them sign it once you've drafted it. Keep in mind that for this document to be valid, the person granting authority must be mentally competent at the time of signing. If that is not the case in your situation, it would be best for you to speak to an attorney.
Every parent needs a little help some time. Here are some common circumstances where a PoA for a child may be helpful:
Regardless of whether this Child Care PoA has been prepared for a planned absence or produced as a result of an urgent issue, notarization and/or witnesses can often help to protect your agent if their power and authority are challenged by a third party.
Please note that 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.
Legal resources for a Power of Attorney for a Child: Uniform Power of Attorney Act (UPOAA)
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.
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:
Power of Attorney forms for minors are normally easy to make; however, you could need advice. Finding an attorney to double-check your Power of Attorney could take a lot of time if you attempt to do it on your own. Another approach to consider is to request help from the On Call network. Rocket Lawyer members have the ability to ask for feedback from an On Call attorney with relevant experience or get answers to other questions. As always, you can Live Confidently® knowing that Rocket Lawyer is by your side.
The fees associated with working with a traditional attorney to produce a Power of Attorney can total between $200 and $500, based on your location. Different from many other sites you may stumble upon, Rocket Lawyer offers much more than a Power of Attorney template. If you ever need assistance from a lawyer, your membership offers up to 40% in savings when you hire an attorney from our On Call network.
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 one witness and/or acknowledged by a notary public to reinforce the legitimacy of the document. 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. As a basic 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.
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.