Your child’s health and overall wellbeing in your absence are priceless; hence, the need to prepare for them before flying out. Fortunately, the California child power of attorney form (POA) allows you to do all this quickly. It permits you to delegate the power to make critical medical, educational, and other sensitive decisions to a temporary guardian. You temporarily donate this authority to a trusted steward (agent or attorney-in-fact) to act for you as a principal, grantor, or donor through this instrument.
Your chosen agent will decide for your minor children while you’re traveling abroad or doing the military service. For example, they can decide to admit them to the hospital or undergo an operation. Your agent becomes your children’s temporary guardian until you return.
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California Child POA Requirements
California has its legal requirements that all power of attorney form creators should abide by, set in §4121 of the California Probate Code. Below are the leading ones you should know about.
- Any adult relative or other person may apply for the appointment of a minor’s guardian.
- The applicant must show why it’s necessary to appoint a temporary guardian. They must also specify the guardian’s name, address, and minor’s date of birth.
- The petitioner must also state the minor’s parents’ names and addresses, the proposed guardian, the person the child lives with (if not the proposed guardian), and the proposed guardian’s relatives.
- If the potential guardian or petitioner is a professional fiduciary, the petition will feature their proposed hourly fee schedule.
- The petition should state whether the proposed guardian receives or is entitled to Veterans Administration benefits plus their monthly amounts.
- The petition must also state if the petitioner or potential guardian knows any proceeding that could affect the guardianship and disclose it.
Filling out the California Child POA
Here comes the most critical part of everything—filling the child POA forms. You will complete the form in the following easy steps.
1. Download this form in PDF or Word form to access and fill it. Alternatively, you could fill the form on the screen if you have an appropriate program or even print it.
2. Declare the parties to the guardianship. You must fill out your name as the parent/s or legal guardians donating this authority to your chosen agent. You must clarify your relationship with the minor before filling out your name, physical address, postal address, zip code, street name, and building number.
Afterward, fill out all the details of the guardian to whom you are leaving your child’s custody. Indicate their full name, physical address, and telephone number. If the appointed agent is a relative, specify their relationship with the minor. For example, state if they are grandparents, uncles, or aunties.
Next, provide the child’s full details. Clearly state their name and date of birth. You can fill out the data for up to three children. If you have more, use an extra piece of paper to indicate their information and then attach it to the form.
3. State how long the POA will be effective. You also have to declare when it becomes effective. If the trust takes effect immediately after signing, mark the box that shows that near the page’s bottom. Otherwise, specify the date and then fill the relevant box with a specific date. In special circumstances, POA takes effect upon the parents’ or guardians’ death, absence, or incapacity. Under such cases, check the next box that lists these three circumstances.
Fill the next box and state those events if it becomes effective following certain events necessitating the guardianship. You must also stipulate the trust’s expiry date. You have three options that include a given number of days, a specific date, and a given occurrence. So, fill the form out appropriately to specify when and why the temporary guardianship ends.
4. Also, state if the child will need optional custody. Check the box if the minor faces protective custody and you want them to live with a temporary guardian.
5. Fill out the details on how far and where you permit your agent to travel with the child. The form has three options, namely within a given mile radius from their residence, the city/parish/state, and others, as you may specify. In the third option, you can specify if you permit them to travel only to and from specific places.
6. Print your full name/s, date, and sign the document. The form also has an optional provision where your appointed agent signs it. The form’s last section is exclusive to the notary public’s signing. They will sign and notarize this legal instrument and make it legally binding.
You will also have a revocation form for future use. Additionally, you will get extra pieces of paper to include any additional details concerning the child’s medical needs.