A minor (child) power of attorney is a responsibility assigned by a child’s parents or legal guardian onto another adult, usually one that has a close relationship with the child’s family. The responsibility assigned by the child’s parents or legal guardian allows the receiving adult to make decisions for the child, usually for a short duration. Typically, the minor (child) power of attorney lasts between six months to a year.
Basically, a minor power of attorney is the permission granted to an adult to make legal decisions for a child who is neither their child nor their legal heir for a limited time period. A parent or legal guardian does not need to state a reason for granting another adult the power of attorney for their child. Although the parents for a legal guardian of the child are required to specify the period of validity of the minor power of attorney granted.
If the child’s parents or legal guardian wishes to extend the period of validity of the power of attorney granted, the minor child power of attorney form should be renewed with the newly updated period of validity preferably before the expiry of the initial period. The minor (child) power attorney laws vary from state to state, with some states requiring that the minor child power of attorney form be notarized in the presence of a notary public, or in the presence of two witnesses, or both.
Note: in occupation-specific circumstances such as military service etc., state laws permit a minor child power of attorney to last for a longer period of time than one year.
The minor child power of attorney form is not intended for long-term use; rather it is specified for short-term occasions during which the parent will be away from the child. For instance, if the parent is away on vacation or during an illness that incapacitates the parents enough that they are unable to think for themselves, the parents may then choose someone, typically someone who has a close relationship with the family and the child.
When parents or legal guardians grant another adult the responsibilities of making legal decisions for their child by signing the minor child power of attorney form, the parent or guardian is not relinquishing their parental responsibilities. Rather, when a parent or legal guardian signs a minor child power of attorney form, they are only giving another adult the permission to handle their child’s medical needs, enroll their child in school, and generally provide for their child’s basic needs.
The child power of attorney is also referred to by the following terms;
- A medical power of attorney
- Minor power of attorney
- Guardianship power of attorney
When to Use a Child Power of Attorney Form
By nature, a child power of attorney is a short-term commitment, and as such is valid only in short-term scenarios.
The scenarios for which power of attorney form use includes:
- Military service
- Business trip
- Jail Time
- Any other scenario where the child would require a trusted adult to make decisions on the parents’ behalf
Note: it is a requirement for the form to be presented every time it is used on behalf of taking responsibility for the child. Although depending on the situation and institution, an original copy may be required.
How to Get a Child Power of Attorney
Legal guardians or parents who wish to Grant another adult child power of attorney can achieve this by following few important steps.
The steps include:
Select the agent
Parents should consider the fact that the agent will be responsible for taking responsibility for their child in their absence. Hence, the parent or legal guardian should carefully consider who is chosen to carry out this responsibility.
The parents should choose an agent that has the following qualities:
- Financial stability.
- Ability to provide a safe home environment.
- Ability to take care of the child adequately.
- High level of responsibility.
Using the above-listed qualities the Parent or Legal Guardian can shortlist a few potential candidates. Once this is done, the parents can reach out to assess how willing these potential candidates are to take on the responsibility and conclude their decision based on how the discussion goes with that particular individual.
Completing the form
Once the parents or guardian successfully selected a suitable candidate to grant the power of attorney over their child, the next step is to complete the minor child power of attorney form that complies with the relevant state laws. The parents or legal guardians can find the relevant state laws concerning the duration for which they are allowed to grant a child power of attorney to another adult as well as other state laws concerning the subject.
Follow state filing requirements
The parent or legal Guardian must have a clear understanding and willingness to follow through on signing requirements stipulated in the state power of attorney laws. Every state has its own laws governing the child power of attorney. However, common practice requires the signatures of two witnesses or a notary.
The parent or legal guardian should provide a copy of the minor child’s power of attorney form to their agent, as well as all individuals and entities that the agent is required to be in regular communication with.It is also essential that the parent takes note of every party that received a copy. The parents or legal guardians are required to provide all concerned parties.
The parents or legal guardians are required to provide the Minor Child power of attorney form to the agent as well as other individuals or institutions the agent would be required to be in constant communication with. these parties include after-school programs, medical care providers, schools, and any individual or institution with which the child is actively involved. It is also essential that the parents and legal guardians note all [parties that have received a copy of the minor child power of attorney form because all the individuals or institutions must also receive a revocation upon the termination of the minor child power of attorney.
How to Fill a Minor (child) Power of Attorney Form
A minor child power of attorney form is a document of serious legal nature as it gives an adult legal responsibility for a child in the absence of the child’s parents or legal guardians. Hence, the minor child power of attorney form should contain certain essential elements included in accordance with relevant state laws. The parent should follow the steps below to completely prepare a minor child power of attorney form.
The process of filling a Minor(child) Power of form includes the following steps:
Parent and minor information
The first step required to complete the minor child power of attorney form involved the parent or legal guardian entering the name of the child, as well as the parents or legal guardians into the form. Typically, both parents are co-legal guardians of the child. However, if the parents are separated or divorced, a single parent may be the sole guardian of the child.
Specifying the attorney-in-fact
Also known as the agent, the attorney-in-fact should be an adult well-known to the family that resides nearby and he or she should be specified in this section of the form. The attorney-in-fact may be a close relative like an uncle that lives nearby within the same city, or a close friend of the family that the parent of the child trusts completely. The Attorney-in-fact should fill in all required details in the relevant spaces.
Stipulating the powers granted to the agent is a sensitive part of filling out the minor child power of attorney form. The parent has two options from which they can choose: They can either delegate most essential duties or authority to the agent or they can grant only a specific authority to the agent. The child’s parents or legal guardians are required to specify the rights the Attorney-in-fact will have over their child.
The parents should grant the Attorney-in-charge unlimited legal powers if the child is going to be in the attorney-in-charge’s custody for over a week. It is also necessary that the parents or legal guardians of the child specify whose responsibility it is to pick the child up from school as well as providing medical care should the child require it. The parents or legal guardian of the child needs to specify the preferred option and affix their initials beside it. If the parent or legal guardian is granting specific authority to the agent the parent or legal guardian is required to give a description of these powers.
Longevity of powers
The very nature of a child’s power of attorney is a limited-time agreement. Hence, the longevity, as well as the date of termination of the child’s power of attorney, should be stipulated. Typically, the timeframe for a minor (child) power of attorney ranges between 6 months and a year.
As mentioned above, every state has its own governing laws concerning child power of attorney. Hence, the state under which the child’s resident jurisdiction Falls should be specified, citing the laws governing the state.
The parent or legal guardian of the child is required to sign the minor child power of attorney form, and print their name and date on the minor child power of attorney form to validate the form.
For the minor child power of attorney form to be valid, the agent is required to confirm their acceptance of the responsibility of being the child’s temporary guardian. It is therefore mandatory for the agents to sign the form, print their name, and mark the date on the form.
Affirmation by witness
Not all states require two witnesses to sign the minor child power of attorney form for a child, however, having witnesses is a good idea regardless of whether or not the state requires it. The parents should request that both witnesses sign and print their name and date on the form.
Acquiring a notary public signature on the minor child power of attorney form is the final step of validating and making the documents legal. The parents or legal guidance can find a notary public to sign for free at the local bank closest to their residence.
Maximum POA Duration and Minor (Child) Power of Attorney Statutes
The maximum time period for which a parent can provide another adult with the right to make decisions for their child varies according to state. Every state has their laws and statutes concerning minor (child) power of attorney requirements and specifics.
Below is a comprehensive list of the States and the maximum periods, as well as the Statutes stipulating as such:
|Wyoming||No specified limit||Section 3-2-202|
|Wisconsin||1 year||§ 48.979(1)(am)|
|West Virginia||No specified limit||Chapter 44a, Article 1|
|Washington||No specified limit||RCW 11.125.410|
|Virginia||180 Days||§ 20-166(A)|
|Vermont||No specified limit||14 V.S.A. § 2659|
|Utah||6 months||§ 75-5-103|
|Texas||No specified limit||Sec. 1104.052|
|Tennessee||No specified limit||§ 34-6-302|
|South Dakota||No specified limit||§ 29A-5-201|
|South Carolina||No specified limit||Section 63-5-30|
|Rhode Island||No specified limit||§ 33-15.1-14|
|Pennsylvania||No specified limit||11 Pa. Stat. § 2513|
|Ohio||No specified limit||§ 3109.52 to § 3109.61|
|North Dakota||6 months||§ 30.1-27-07(3)|
|North Carolina||No specified limit||§ 32A-28 to § 32A-34|
|New York||No specified limit||FCT § 661|
|New Mexico||6 months||Section 45-5-104|
|New Jersey||6 months||Section 3B:12-74|
|New Hampshire||No laws concerning child power of attorney||No laws concerning child power of attorney|
|Nevada||6 months||NRS 159.0613|
|Nebraska||6 months||Statute 30-2604|
|Montana||6 months||§ 72-5-103|
|Missouri||1 year||§ 475.602|
|Mississippi||No laws concerning child [power of attorney||No laws concerning child [power of attorney|
|Minnesota||No specified limit||§ 257B.04|
|Michigan||180 days||Sec. 700.5103(1)|
|Massachusetts||No specified limit||§ 5-202|
|Maryland||No laws on Child power of attorney||No laws on Child power of attorney|
|Maine||12 months||§ 5-127|
|Louisiana||No laws on child power of attorney||No laws on child power of attorney|
|Kentucky||No specified limit||27A.095|
|Kansas||1 year||§ 38-2403(d)(2)(A)|
|Iowa||No laws on child power of attorney||No laws on child power of attorney|
|Indiana||12 months||§ 29-3-9-1|
|Illinois||No specified limit||755 ILCS 45|
|Idaho||6 months||§ 15-5-104|
|Georgia||No specified limit||§ 19-9-124|
|Florida||No specified limit||§ 744.3021|
|Delaware||No specified limit.||§ 2320 to § 2328|
|Connecticut||1 year||Sec. 45a-622|
|Colorado||12 months||§ 15-14-105|
|California||No specified limit||§ 1510-1517|
|Arkansas||No specified limit||§ 28-68-213|
|Arizona||6 months||ARS 14-5104|
|Alaska||1 year||§ 13-26-066(c)|
Minor (Child) Power of Attorney Form Template
MINOR (CHILD) POWER OF ATTORNEY
The Minor. The purpose of this Minor Power of Attorney is for __________ [Minor’s Full Name] born on __________, 20____ (Hereinafter known as the ‘Minor’).
The Parent(s)/Guardian(s). I/We, __________ [Name(s) of Parent(s) / Guardian(s)], the ☐ Parent or ☐ Court-Appointed Guardian with a street address of __________ [Street Address], __________ [City], __________ [State].
Attorney-in-Fact. I/We hereby appoint __________ [Name of Attorney-in-Fact], who is the __________ [Relation to Minor] of the Minor, with a street address of __________ [Street Address], __________ [City], __________ [State] (Hereinafter referred to as the ‘Attorney-in-Fact’) as the Attorney-in-Fact for the Minor.
Powers. I/We delegate to the Attorney-in-Fact the powers of: (Initial the appropriate field(s)) _ – All legal authority that I/we have as the minor’s parent/guardian(s) in the State of governing law. – ONLY the authority to __________________________________ __________________________________________________________
Effective Date. This power of attorney document shall be effective beginning on __________, 20____ and shall terminate on: (Initial the appropriate field(s)) _ – On the date of _______________, 20____. Per state statute this designation may not be more than one (1) year. _ – In the event of my/our disability. _ – In the event of my/our death(s).
Regardless of the above-mentioned termination, this Minor Power of Attorney may be terminated by the Parent/Court-Appointed Guardian executing a revocation or by creating a new Minor Power of Attorney.
Governing Law. This Minor Power of Attorney Form shall be governed under the laws in the State of __ and, once effective, terminates any prior Minor Power of Attorney.
Parent / Guardian’s Signature ___________________
Print Name ______ Date ______
Parent / Guardian’s Signature ___________________
Print Name ______ Date ______
Acknowledgment by Attorney-in-Fact.
I, the undersigned Attorney-in-Fact, acknowledge and execute this Minor Power of Attorney Form, and hereby affirm that I accept the appointment and understand the accompanying responsibilities under the Power of Attorney and under the law.
Attorney-in-Fact’s Signature ____________
Print Name ______ Date ______
State of ______
______ County, ss.
On this day, the _ of _______, 20____, before me appeared
____________ and ____________, the Parent(s)/Court
Appointed Guardian(s) of ____________ [Name of Minor] who proved to me through government-issued photo identification to be the above-named person(s), in my presence executed foregoing instrument and acknowledged that they executed the same as their free act and deed.
_____________________________ Notary Public’s Signature
Print Name: _________
My Commission Expires: ______
Minor Child Power of Attorney Forms by State
Download minor child power of attorney form templates from here
Revocation of a Minor Child POA
To revoke a minor child power of attorney at any time, the parents or guardians will be required to complete the revocation procedure of the minor child power of attorney form. The parents or legal guardians are required to provide the agents with a copy of the revocation document as well as other parties that originally received a copy of the minor child power of attorney form.
Can a Minor be Given power of attorney?
The child power of attorney laws recognize that a minor is legally unfit to make decisions on their own and so it strives to Grant these legal powers to an adult trusted to make decisions in the child’s interest. Hence, a minor is unfit to be granted legal power of attorney over another minor or themselves. Only a legal adult has the ability to legally make decisions on behalf of themselves or behalf of a minor.
What tasks can an agent to a minor child POA be asked to do?
Every individual family has its unique needs, and as such, the tasks required of an agent granted a minor child power of attorney naturally differ significantly from one family to another. Typically, the tasks required of an agent granted a child power of attorney includes the following;
a) Medical tasks may include taking the child to doctor’s appointments, making healthcare decisions that impact the child, granting or refusing consent for medical procedures, treatments, or tests, and accessing the child’s medical records.
b) Schooling tasks may include off and picking up the child from school, granting information for the child to go on school trips, meeting with the child’s teachers, or signing any notes about the child’s Schooling.
c) Everyday responsibilities include providing meals for the child, assisting the child with their homework, putting the child to bed, and providing care to the child while they are at home.
What are the common uses of a minor child POA?
Many situations may necessitate granting a minor child power of attorney to an adult. These situations include extra work responsibility for the parent or Legal Guardian, or a need for the parent or Guardian to be absent for a prolonged period for a business trip. A parent or guardian that regularly works across state lines or international borders will also require a minor child power of attorney form. When a child attends a boarding school or participates in the school camp, or goes on a trip without the presence of the parents or Guardian, or attends a training program or competition, the child requires a minor Child Power of Attorney to be granted to a responsible adult.
Does a minor Child POA grant guardianship over a minor child?
A minor child Power of Attorney form only grants an agent with temporary guardianship over the child. The parents of the child or the legal guardian will remain the primary caregivers of the child. The child minor child power of attorney form does not relieve the parents or legal guardians of their legal rights and responsibility for the child.