Free Power of Attorney Forms For Child/Minor | Word – PDF

A Power of Attorney for a Minor (child) is a document that permits the attorney-in-fact or agent to act on the principal’s behalf in a specific situation.

It is typically used by parents or legal guardians of children to authorise another person, usually a trusted family member, friend, guardian, or attorney-in-fact, to be the child’s caretaker temporarily. The child POA form specifies what type of authority is granted, who is authorized to exercise that authority, and under what conditions/circumstances. Generally, this legal document will allow the agent to decide matters relating to the child’s education, health care, property, finances, and other needs.

This power of attorney may allow the agent to exercise broad powers, or it may be limited in scope, depending on the type of POA that the principal holder executes. A POA for a child is only valid for 6-12 months in most cases. Still, the minor’s parent (principal holder) can extend this designation by applying for guardianship, or they may create and execute a new one. According to most state laws, the minor POA form must be signed before a notary public to be valid. Once it is authorized, the appointed attorney-in-fact will need to present this document each time a public or private institution requests verification.

A child’s power of attorney is also termed as the following:

• Minor power of attorney
• A medical power of attorney for a child
• Guardianship power of attorney
• A power of attorney for child care and custody
• Temporary delegation of parental authority
• Grandparent power of attorney
• Temporary power of attorney for minor
• POA for child

When to Use a Power of Attorney for a Child?

Parents and guardians can execute a child’s POA when they are away from home (i.e., when traveling for business or vacation, deployed overseas for military service) or ill or incapacitated. The document may also prove helpful in situations where the minor’s parent is incarcerated. This way, their child’s needs will still be met even if they are unavailable or not able to make these decisions for themselves at that particular time.

Power of Attorney Vs. Guardianship

A power of attorney is different from a guardianship, although both documents are legal tools that grant authority to an agent to make decisions on behalf of the principal holder. These documents are different because a POA for a child is used when the parent or guardian is temporarily unable to make decisions on the child’s behalf and would like to delegate their parental authority to a trusted agent to care for the child’s needs while they are away.

On the other hand, guardianship is used if an adult is incapable of making responsible decisions due to a mental disability and a substitute decision-maker (guardian) is appointed by a court. Unlike a POA, where the principal retains parental authority, guardianship dictates that complete parental control and authority be transferred to the court-appointed guardian.

Moreover, a parent may choose to revoke a child’s POA. However, the parent cannot change guardianship because it involves a profound loss of parental authority and privileges. Only a court can change guardianship.

Choosing an Agent

Parents and guardians should choose a trusted person to act as the agent for their POA for the child. This person should have a close relationship with the child, and they should be able to take good care of the child’s needs during their parent’s absence or the specified circumstances. Besides, the appointed agent should make sound and informed decisions.

Grandparents, siblings, aunt, uncle, close family friend, etc. can be named as agents in this form. Before appointing either of these parties as an agent for the Minor POA, it is essential to hold a discussion with them beforehand such that everyone is on the same page.

The principal’s expectations should be explicitly laid out during the discussion to gauge whether the agent is up to the task. Given that the agent has any second thoughts on their ability to care for the child’s needs while the parent is away, that needs to be taken into account such that at the end of the day, the most suited person is granted the temporary parental authority.

Powers and responsibilities of an agent

A minor POA gives the designated attorney-in-fact the legal authority to act on behalf of the parent or guardian in matters relating to the child’s care. The powers granted could be broad (i.e., almost full parental authority) or limited to affairs only listed in the POA form.

In this way, based on the type of powers granted, the agent can sign school forms, medical forms, and legal forms for the child on behalf of their parent. The agent can also provide primary day-to-day care for the child, travel with the child, enroll the child in school, daycare, or extra-curricular activities, access school records, and participate in decisions regarding the child’s education.

Duration of POA for a child

This POA is valid for a duration that the principal holder usually specifies when executing the document. For example, suppose the POAs expiration date is not determined. In that case, most state laws governing minor powers of attorneys dictate that it remains valid for a period of between six (6) to twelve (12) months maximum.

However, the principal holder can choose to extend this period if they anticipate being absent longer by executing a new POA for minors once the previous POA expires. In addition, given that the child’s parent is a military service member, federal laws stipulate that the child’s POA expires once the parent’s military deployment expires.

How to Get a POA for a Child?

Getting a POA for a child does not have to be a daunting task. The only requirement is that the principal ensures that the document is written and completed according to the state-specific requirements regarding time limits, signing provisions, and state statutes concerning Minor powers of attorney. Mastering the necessary steps to obtain POA will ensure that a valid POA is created.

The following are the steps to get a POA for a child:

Select a trustworthy agent

First, the parent or legal guardian should choose a trusted adult who will act as the agent of their child POA. Ideally, this should be a person who has a close relationship with the child, a person the parent can rely on to make sound and informed decisions while away, and who can fend for children’s needs.

Think about the start and end dates

Secondly, the principal holder will need to decide the appropriate timeframe for the validity of the minor POA form. Typically,it is valid for between 6 and 12 months in most states; thus, the principal will need to consider this.

Define the agent’s powers and responsibilities

The next step involves deciding what powers and responsibilities to grant the selected agent. It is crucial that the principal lists all of the tasks they will need their child’s POAagent to handle while they are away or unavailable. The outlined powers and responsibilities must be specific and relevant to the requirements that need to be fulfilled by an agent of a POA for a minor.

Sign the form

After defining the agent’s powers and responsibilities, it is time to execute this form. This is usually done by signing and dating the document. Depending on the principal’s state of residence and the applicable state laws, the parent may need to sign the document before a notary public, and it may need to be witnessed.

The agent will also be required to sign a POA for minor form, and they may need to authorise a certification acknowledging their responsibilities. Additionally, both the witnesses and notary public will also be required to sign and date the POA form, and a seal from the notary citizen may be required.

Use the form

The child POA form is executed at this stage, and the agent is authorised to make specific parental decisions on behalf of the principal. A copy of the completed and duly signed form should be issued to the agent, which they will present anytime they are required to make decisions on behalf of the parent. The agent may make decisions deemed in the child’s best interest while ensuring that they act within the parent’s directives.

Maximum Time Period

Different states have diverse laws regarding the maximum duration for a minor POA. Whereas most states require it to be valid for between 6-12 months, a principal must create a child POA that conforms to their state-specific maximum periods.

The table below provides a list of all states and the maximum time validity period of a POA for a child:

Signing Requirements

Signing requirements for a minor POA also vary by state. This table lists the various U.S. states and their applicable signing requirements. To ensure you create a valid POA form for your child, confirm with your relevant state-specific signing requirements.

Minor Power of Attorney Laws

In the U.S,.this POA is governed by state laws. These laws vary depending on the principal’s county and state of jurisdiction. Each state has its regulations regarding power of attorney for a child, and each state enforces its own rules regarding the execution and use of the document. Below is a table detailing the various U.S. states and the relevant laws governing minor POA:

Frequently Asked Questions

About This Article

Authored by:

Rebecca Leaper

Attorney - Medical Malpractice, Contract Law, Family Law, Business Entity Formation, Professional Editor

Rebecca Leaper seamlessly blends her roles as a mother, lawyer, and writer, bringing a rich tapestry of skills to her professional endeavors. As a seasoned litigator and appellate attorney, she possesses a keen eye for drafting, editing, and proofreading content. Her areas of legal mastery span from medical malpractice and family law to intricate contract drafting and appellate brief writing. Moreover, Rebecca's proficiency extends to forming both domestic and international business entities, including LLCs, corporations, and trusts. Alongside her legal expertise, she boasts project management skills and professional editing experience. Committed to excellence and precision, Rebecca is poised to collaborate on diverse projects, ensuring top-notch results.