How to write a power of attorney for child

Free Minor (Child) Power of Attorney Form - PDF

Updated August 02, 2022

A minor (child) power of attorney allows a parent to give the responsibility of their child to another individual for a specified period of time (usually lasting 6-12 months). The form must be signed in accordance with state requirements. If the parents would like the designation to be long-term, they should apply for guardianship.

Maximum Time-Periods – View the maximum time period allowed in each State before it must be renewed.

By State

What is a Minor Power of Attorney?

A minor power of attorney allows a parent to elect someone else to take care of their child for a specified period of time. This document is not intended for long-term use, but rather on short-term occasions when a parent will be away from their child, for instances like a business trip or vacation. When a parent falls ill and is unable to think for themselves, this form allows for a person of their choice, typically someone who has a close relationship with their family and the child, to make the decisions necessary in order to care for the child.

A Power of Attorney for Child is also referred to as the following:

• Guardianship Power of Attorney, Medical Power of Attorney, Minor Power of Attorney

For any type of short-term reason such as:

• Business trip;
• Military service;
• Surgery;
• Vacation;
• Jail time; or
• Any other reason where the child would need a trusted individual to make decisions on the parents’ behalf.

How to Get Power of Attorney for a Minor

Getting a minor power of attorney is a process that requires the parent’s consent and commonly may only be used for a temporary amount of time (6 months to 1-year). For any long-term arrangements, the law requires the parents to go to the court and file guardianship papers.

First and foremost is select someone you trust to be around your child and make everyday decisions on your behalf. This person will be responsible for the child’s diet, exercise, and to promote good study habits if it’s during the school year. Therefore, it is best to elect someone who is healthy with discipline and structure in their life to be a good example.

After the Agent has been selected the parent will need to choose the timeframe. If longer than 6 months or 1-year and the parent may have to file for guardianship depending on the Laws in the State.

The parent will have to write the rights the Agent will have over their child. If the child is going to be staying with the Agent for more than a week the powers should be unlimited. As a basic necessity the form should include the permission to pickup the child from school along with helping to attend if the child should need medical care.

The signing requirements are usually located on the bottom of the State-Specific Form. In most cases, the State will require that the parent authorize with the Agent selected in the presence of a notary public or two (2) witnesses that are not related to either party.

The form must be presented every time it is used for the child. Depending on the situation and institution, an original copy may be required.

Maximum Time Periods

State	Maximum Period	Statutes
Alabama	1 year	§ 26-2A-7
Alaska	1 year	§ 13-26-066(c)
Arizona	6 months	ARS 14-5104
Arkansas	Not mentioned	§ 28-68-213
California	Not mentioned	§ 1510-1517
Colorado	12 months	§ 15-14-105
Connecticut	1 year	Sec. 45a-622
Delaware	Not mentioned	§ 2320 to § 2328
Florida	Not mentioned	§ 744.3021
Georgia	Not mentioned	§ 19-9-124
Hawaii	1 year	§560:5-105
Idaho	6 months	§ 15-5-104
Illinois	Not mentioned	755 ILCS 45
Indiana	12 months	§ 29-3-9-1
Iowa	No laws	No laws
Kansas	1 year	§ 38-2403(d)(2)(A)
Kentucky	Not mentioned	27A.095
Louisiana	No laws	No laws
Maine	12 months	§ 5-127
Maryland	No laws	No laws
Massachusetts	Not mentioned	§ 5-202
Michigan	180 days	Sec. 700.5103(1)
Minnesota	Not mentioned	§ 257B.04
Mississippi	No laws	No laws
Missouri	1 year	§ 475.602
Montana	6 months	§ 72-5-103
Nebraska	6 months	Statute 30-2604
Nevada	6 months	NRS 159.0613
New Hampshire	No laws	No laws
New Jersey	1 year	Section 3B:12-39
New Mexico	6 months	Section 45-5-104
New York	Not mentioned	FCT § 661
North Carolina	Not mentioned	§ 32A-28 to § 32A-34
North Dakota	6 months	§ 30. 1-27-07(3)
Ohio	Not mentioned	§ 3109.52 to § 3109.61
Oklahoma	1 year	§10-700(A)
Oregon	6 months	ORS 109.056(1)
Pennsylvania	Not mentioned	11 Pa. Stat. § 2513
Rhode Island	Not mentioned	§ 33-15.1-14
South Carolina	Not mentioned	Section 63-5-30
South Dakota	Not mentioned	§ 29A-5-201
Tennessee	Not mentioned	§ 34-6-302
Texas	Not mentioned	Sec. 1104.052
Utah	6 months	§ 75-5-103
Vermont	Not mentioned	14 V. S.A. § 2659
Virginia	180 days	§ 20-166(A)
Washington	Not mentioned	RCW 11.125.410
Washington D.C.	Not mentioned	§ 21–2301
West Virginia	Not mentioned	Chapter 44a, Article 1
Wisconsin	1 year	§ 48.979(1)(am)
Wyoming	Not mentioned	Section 3-2-202

How to Write a Power of Attorney for Child

Download in Adobe PDF, Microsoft Word  (.docx), or Open Document Text (.odt).

The first step to completing the form starts with entering the name of the child and parent(s). In our example, only one parent signed the form, however, both parents can be co-guardians.

The Attorney-in-Fact (Agent) should be someone who has a relationship with the family and lives in close proximity. In our example, the Agent is the Uncle of the child and lives nearby within the same city. Enter the Agent’s name, relationship to the minor, and home address.

There are two options to choose from: Delegate all powers/authority to the agent or only give specific authority. The Guardian(s) need to initial and check their preferred option. If granting specific authority, give a description of the power(s).

Enter the date in which the Power of Attorney for Child will commence and follow by selecting how or on what date the document will terminate. In our example, the Power of Attorney for Child has a specific start and end date.

Enter the state in which the Power of Attorney for Child will be governed, the state is most often the same state in which the minor lives.

The Guardian(s) need to sign, print name, and date the Power of Attorney for Child form in order to be valid.

The agent must confirm their acceptance of being the child’s temporary guardian which is mandatory the agent sign, print name, and mark the date.

Even if your state does not require two (2) witnesses to sign the Power of Attorney for Child, it’s still a good idea none the less as a number of states do require. Have both witnesses sign, print name and date the form.

Having the Power of Attorney for Child signed by a Notary Public is the last step to making the document officially legal. You can usually find a Notary Public to sign for free at your local bank.

Power of Attorney for Child Form | Free Power of Attorney for Child Template (US)

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:

Related articles:

Power of Attorney for a child - permission from parents for a grandmother to be accompanied in Russia

Sometimes you have to send a child on vacation, to visit relatives, accompanied by other people. When traveling by train, flying by plane, settling in a sanatorium, they may ask for documents confirming the rights to the child.

In the article we will tell you in what cases it is necessary to draw up a power of attorney for a minor, how to draw it up, who can sign the document.

Content of article

○ When is it necessary?

○ Where and how to properly apply for a power of attorney for a child

○ Samples of power of attorney for different persons

○ The Calyzhezhnaya Vadim, specialist Topyurist.ru specialist:

✔ is entitled Kindergarten to require power of attorney from the child's uncle when the parents are out of town?
✔ Can one of the parents sign the power of attorney?
✔ Is there any point in doing an examination?
✔ Can a child be detained if the representative does not have a power of attorney with him and what do the authorities do if they are not sure that a person has the right to a child?

○ When is it necessary?

Usually children travel around Russia with their parents. It is enough for a mother or father to have a birth certificate in their hands. If the child is accompanied by a grandmother, other relatives, a teacher, we recommend that you issue a power of attorney.

The legislator does not oblige to transfer powers to a child under a special document. At the same time, it will allow confirming the legality of the transportation of a minor, family relations.

Parental permission may be required in the following situations:

• Travel by rail, intercity bus, airplane.
• Hotel accommodation.
• Treatment.

The ban on the movement of children under 10 years old unaccompanied by adults on the train is established by paragraph 30 of the Decree of the Government of the Russian Federation dated 02.03.2005 No. 111:

“30. The travel of children under 10 years of age on long-distance trains without adult accompaniment is not allowed, except for the cases of travel of students using rail transport to visit educational institutions.

The order of travel on intercity buses does not contain such requirements. However, a particular bus station may establish an obligation to accompany a minor on trips. You should study the rules of transportation.

A child has the right to use the aircraft independently from the age of 12. Until this age, an accompanying person must be with him. From 2 to 12 years of age, children can be transferred under the supervision of the carrier at the request of their parents.

The obligation to register a minor under 14 years old in a hotel on the basis of a power of attorney is established by paragraph 21 of the Decree of the Government of the Russian Federation of 09.10.2015 No. 1085:

“21. Registration at the hotel of minors under the age of 14 is carried out on the basis of documents proving the identity of their parents (adoptive parents, guardians) or close relatives, accompanying person (persons), a document certifying the authority of the accompanying person (persons), as well as the birth certificates of these minors.”

If the child needs medical care while traveling, informed voluntary consent for medical intervention must be obtained. This can only be done by parents and legal representatives (adoptive parents, guardians).

In case of their absence, the decision on the need for treatment is made by a council of doctors (Order of the Federal Medical and Biological Agency of the Russian Federation of March 30, 2007 No. 88). In emergency situations that threaten the life of a minor, the consent of legal representatives is not required.

Parents cannot transfer their powers, as they are of a personal nature. However, they have the right to instruct the grandmother to accompany the child when visiting a doctor.

○ Where and how to issue a power of attorney for a child?

There is no established form of power of attorney for a child. It is compiled according to the rules of Article 185 of the Civil Code of the Russian Federation.

If the document is filled out in a simple written form, we recommend that you provide the following information:

• Full name of the legal representative.
• Full name of the accompanying person.
• Information about passports.
• full name of the child.
• Travel dates.
• Information from the birth certificate.
• List of transferable powers.
• List of actions that the maintainer is prohibited from doing.
• Document validity period.
• Signatures of the compiler and maintainer.

To ensure the safety of the child, the power of attorney must be certified by a notary. He will enter it into a special register, put a seal and signature.

○ Samples of a power of attorney for different persons

Let's give some examples of drawing up a power of attorney in various situations.

1. Sample power of attorney given to grandmother (other relatives) by both parents.

Source: doveren.ru

2. Sample power of attorney issued to the grandmother (other relatives) by one of the parents.

Source: doveren . en

3. Sample power of attorney issued to a teacher.

Source: refdb. en

4. Sample power of attorney to visit a doctor.

Source: Potreb-prava.com

○ Kalyuzhny Vadim, specialist Topyurist.ru specialist:

✔ Was a school or kindergarten to demand a power of attorney from childbirth when a child is entitled when parents out of town

Federal law does not require parents to issue a power of attorney to the uncle of the child so that he can pick up the child from kindergarten or school. Such a requirement may be established by an agreement concluded with an educational institution, or by the rules for attending a kindergarten or school.

In this case, the teacher has the right to ask for a power of attorney for the child. It is issued in a simple written form indicating the persons who can pick up the minor and accompany him home.

✔ Can one of the parents sign the power of attorney?

Both parents are equal legal representatives who protect the interests of their children. Therefore, the power of attorney for the child can be signed by one of them.

✔ Is there any point in doing an examination?

If the power of attorney is issued by a notary, then an examination is not required. He establishes the identity of the applicants, certifies the document, enters information about this in the register of notarial acts. Therefore, in the event of a dispute, it will be necessary to request information from the notary office indicated in the document.

Often a child is transported by proxy in a simple written form. It can be faked. The authenticity of the document is confirmed by examination.

✔ Can a child be detained if the representative does not have a power of attorney with him and what do the authorities do if they are not sure that a person has the right to a child?

A power of attorney for a child is not required to travel within Russia. However, in the interests of the child, law enforcement agencies, employees of organizations have the right, within their powers, to ask for permission from the parents, to confirm kinship. For example, when traveling by plane, by train, when checking into a hotel.

Curfew laws have been enacted in some regions. Children are prohibited from being on the street, in shops, and moving in vehicles at night without the accompaniment of their parents. If the police officer has doubts that the accompanying person has rights to the child, the detainees can be taken to the department to search for the parents.

Published by: Vadim Kalyuzhny , specialist of the portal TopJurist.RU

is parental consent required for a child's trips around Russia

I am going to travel to Sochi by train with my minor grandson. Do I need to issue a power of attorney from my parents or any other documents? What does the law say about domestic travel?

Alexander E.

Alexander, for the trip itself, according to the legislation of the Russian Federation, no written consent or a separate power of attorney from the parents is needed. You can take your grandson and feel free to go with him to any point in Russia and back. No one has the right to demand from you any documents for a grandson, except for those that prove the identity of the child.

Dmitry Sergeev

knows what to do

Author profile

But there are situations when traveling when a power of attorney may be necessary.

I will tell you what these cases are.

In which case the consent from the child's parents is obligatory

Notarized consent from one of the parents is obligatory only if the child travels abroad without them - alone or accompanied by relatives, friends or teachers. It indicates the dates of departure and the states that the child can visit.

Art. 20 of the law on the procedure for leaving the Russian Federation and entering the Russian Federation

Such consent confirms that the child crosses the border legally and both parents are not against such a trip. If the child travels with only one parent, a power of attorney from the second that he agrees to this trip is not needed.

None of the regulations mentions such a power of attorney for trips within Russia. Grandparents, teachers and tour group leaders can travel with children without restrictions. If the guardianship authorities or law enforcement agencies have doubts that the child is being transported legally, they will have to contact the parents on their own and find out the details. But such situations rarely occur.

/sochi_baby/

How much does it cost to go to Sochi with a child? A grandmother, grandfather or other close relative is not legally considered a legal representative.

For example, if an operation, medical examination or urgent vaccination is required, even close relatives will not be able to give consent or, conversely, refuse to do so. All the more so, a child is not entitled to make such decisions on his own: his legal capacity is limited by his age. Decisions on medical intervention in relation to a child or on refusal of it can only be made by mom and dad. Or guardians, if any.

item 2 art. 20 of the law on the basics of protecting the health of citizens in the Russian Federation

A power of attorney may be required if the child goes to kindergarten, school or sports section in the place where you arrive. Only on the basis of a power of attorney, educators or a coach will be able to give the child to you. It will also be possible to attend parent-teacher meetings, receive information about behavior, academic performance and everything that is needed.

Sometimes a power of attorney can help when dealing with law enforcement. For example, if you arrived with your grandson in the region, and there is a search for another child similar to yours. As a rule, in such situations, law enforcement agencies work in an emergency mode and try to identify all children matching the description traveling without their parents. A power of attorney in this case can save time and energy for both the one who accompanies the child and the police officers.

But to buy tickets for a bus, plane or train, a power of attorney is not required.

How to draw up such a power of attorney

First of all, evaluate whether this power of attorney is really needed. If a child goes with his grandfather for a week to relatives and will live with them, and not in a hotel, he does not have chronic diseases, vaccinations are not planned - you can do without unnecessary bureaucracy. A power of attorney will most likely not be needed. But still, do not forget to give the accompanying person a birth certificate and a medical policy.

If you still decide to draw up a power of attorney, be aware that there is no form prescribed by law. In general, the power of attorney must comply with the requirements of Article 185 of the Civil Code of the Russian Federation. Here is what must be there.

/power-of-attorney/

Everything about the power of attorney

Full passport details of both parents. If one of the parents is raising the child himself and is officially in the status of a single mother or father, he can draw up a power of attorney only on his own behalf.

Personal data of the attorney. This is the person who will represent the child. Here, too, his full passport data will be required.

Reason for drawing up a power of attorney. In your particular case, this is a vacation trip. But there may be other reasons - for example, a trip to competitions, treatment or study.

Specific actions that an attorney can perform: receive information about the child's health in medical institutions, check into a hotel, interact with social services and protect interests in law enforcement agencies.

Validity period of the power of attorney. It can be limited to travel time. If you do not specify the term, the power of attorney will be valid for a year.

Signature and date of compilation.

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