The child power of attorney is a legal document that permits a parent to issue temporary powers to agents to make serious decisions that pertain to their child or children. It usually lasts for a certain period, around six (6) to (12) months. As a principal, you do not have to explain why you are giving power over your child. However, you must renew the contractual agreement upon expiry.
Notarization of the power of attorney form depends on different State laws, requiring at least two (2) witnesses. It is essential to note that the witnesses must not be related to the principal, either through blood or marriage ties.
Download your fillable Child Power of Attorney Form in PDF format:
– Adobe PDF
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Child POA Use Cases
A parent can decide to assign all the necessary powers to take care of their minor child due to various reasons. For instance, if a parent is traveling for a vacation or a business trip, he or she can create a child POA. The legal document allows you to select a reliable agent to make decisions on your behalf for the child’s welfare.
Another situation where a child POA takes effect is when the parent is sick or has undergone a life-threatening surgery and can’t execute parental responsibilities. The form permits the parent to select an individual to make serious decisions to care for the child. For instance, education payments or healthcare.
Also, suppose the parent is in the military service and will be deployed overseas for a long time. In that case, the POA will allow a reliable person to have all the powers to take responsibility.
Below are the powers that a child power of attorney document allows the parent to assign an agent to care of the child:
- Make health care decisions
- For participation in specific activities like school trips
- Diet and exercise decisions
- Education decisions
- Discipline issues
- Meeting teachers or administrators
- Other customized powers
How to Fill Out a Child POA
Creating a child POA is a simple process that you can fill out online. The parent is the principal who gives out the consent on the form. Usually, it is a temporary agreement lasting from six months and not exceeding one year. However, if you are away for more than a year, you must get guardianship papers from the court.
Below is a step-by-step guide outlining how to fill the child POA document.
Select a Reliable Person
The first critical step is to choose a trusted individual to become your agent. Someone you can rely on to take care of your child’s welfare wholeheartedly. It would help if you chose someone responsible, able to solve critical discipline issues, take care of education and health payments, and make decisions surrounding your child. Furthermore, the agent must ensure your child is eating well, exercising, and studying as required. Thus, the person you give all the powers must be of sound mind, healthy, disciplined, and responsible enough to care for a minor.
Choose the Timeframe
After you select a credible agent, the principal must decide on the duration of the POA, whether it is six (6) months or one (1) year. Usually, the child POA does not exceed one year. If it does, the principal will have to get a guardianship POA depending on the state laws.
As a parent, you are the best person who understands your child’s needs. Hence, you must write down all the powers that are on the child’s best welfare. From education to health matters, diet, and exercise to attending various school events, the agent will have all the powers to make decisions on behalf of the parent. The document must include all the details that affect your child’s welfare. For instance, picking and dropping the child to and from school or in case the child requires medical assistance.
Sign the Form
After filling in all the requirements, all the involved parties must sign the form at the bottom. Most states will need you to notarize the document in the presence of two witnesses. Ensure that these witnesses are neutral parties and not related to you, the principal, by blood or marriage.
Use the POA Document
The agent must present the POA form when it is necessary, depending on the current circumstance. It may be in hospital or school, or any other critical situation. You may need to produce the original form. Therefore, the agent must keep the form in a secure and easily retrievable location.
How to Revoke Child POA?
The principal might decide to cancel the POA may be due to various reasons at any time. Postponed deployment or work trips may cause a parent not to proceed with POA after completion. To revoke it, you must put in writing on a revocation form. If you are not sure how to go about it, you can seek a lawyer’s assistance. But if you have not made copies and distribute it to anyone, you can tear it or burn it. Or you can write a new POA form, and it will cancel out all the other previous forms.
You need to be mentally healthy to revoke a POA and act freely without pressure from a third-party.
How to Choose an Agent for a Child POA
When it comes to choosing an agent, it should be a trustworthy individual. It can be an immediate family member, close relative, or a family friend living within the same state as the parent. Ensure that the person is mentally stable, financially responsible with a disciplined life since caring for a minor is a huge responsibility.
Child POA Questions
- How do I appoint an agent for my POA?
You must choose a reliable person who is willing to serve as your agent and will execute the role effectively.
- Is it possible to revoke a Child POA?
You can cancel your POA at any time, even if you reached the final notarization stage. Writing a revocation letter will cancel out the previous POA as long as you issue the form to all the parties who had copies of the POA.
- Can I select a relative to be my agent?
Yes, a relative is the best person to act as your agent since he/she is a close family member who can care for your child with total commitment.
- How long does the POA take effect?
It depends on the timeframe you indicated on the form. But it should not exceed one (1) year.
Child POA vs. Guardianship
Child POA gives more authority to the person assigned by the principal to manage the child’s affairs. The POA document entitles the agent to make decisions related to the child’s healthcare decisions, manage their finances, and conduct legal activities on their behalf. Guardians only have the authority to make decisions regarding the children’s accommodation and healthcare, while the rest of the mentioned powers are beyond the scope of guardianship.
Child POA vs. Custody
Child POA is the document typically signed by the child’s parent unable to be present and oversee the child for some time to give the right of taking care of the child to another person, an agent, for a specified period. Custody is a broader scope of responsibility given by the court. It is usually given to one of the parents in case another one is deprived of parental rights or can’t perform parental obligations for some reason.