Power of attorney (POA) is a term used in different contexts at different times. Essentially, it is a legal document that allows for the transfer of power from the person drawing up the POA (Principal) to another person/agent (attorney-in-fact). This means that the agent can act on behalf of the Principal to make important and necessary decisions.
POA is a powerful legal document and can have a significant impact on a person’s/family’s life. POA can be issued for the short-term or long-term. Today, we will learn more about the power of attorney for children.
What is the Power of Attorney for Child?
Much like any other case of delegation of power, in the case of a minor/child (below 18 years of age), the parents can draw up the minor power of attorney to legally appoint another person to take care of the child/children. This is a temporary transference of Parental Rights/Authority issued for a period of 6 months to 1 year. It is planned for a time when parents believe they might not be available to take care of the child/children.
Power of attorney for child is known by several names:
- POA for child
- Power of attorney for a minor
- Temporary delegation of parental authority
- Power of attorney for child care and custody
- Temporary power of attorney for a minor
- A medical power of attorney for the child
- Grandparent power of attorney
When to Use A Power of Attorney for Child?
No parent wants to leave their child in someone else’s custody. As is evident from the very definition of the free power of attorney for minor child, it is only drawn in exceptional circumstances. Here is when you can use this legal document for your benefit and the child.
This is the foremost reason most parents opt for a POA. Parents can be left physically and mentally incapacitated due to unfortunate accidents, thus unable to perform or deliver their parental responsibilities. In such a scenario, they can draw up a POA to pass on the rights.
In cases of illnesses that are prolonged or terminal, a parent may have to look to another person to take care of their child/children.
Reasons for this can vary from one end of the spectrum to another. Parents may be deployed for military reasons or may travel for business/official purposes, or are incarcerated.
Irrespective of the seriousness of the issue, parents may have to delegate their parental duties for some time.
What to Include in A Power of Attorney for Child?
The temporary power of attorney for child imparts the agent the same right as would a parent. Apart from that, regular parents can choose to add a set of responsibilities, if required. Along with the regular everyday care and uptake, parents can also include:
- Getting children admitted to schools, day-care, and extracurricular activities.
- Involvement in decision making for the education of the children and granting access to their school records
- Permission to look after the physical, mental, medical well-being of the children and take healthcare decisions on their behalf
- Accompanying children on their travel within the country and abroad, should the need arise
Along with the permissions above, parents can also impose limitations on the agent and the power they may wield.
What Are The Limitations Of Using A Power Of Attorney?
While a child POA does give the agent some parental power, it also has some limitations.
- The Child POA does not, in any way, change the child’s custody.
- It does not overwrite a parent’s legal rights.
- An agent cannot arrange for the child’s marriage or give the child up for adoption.
- POA cannot be bestowed on someone who has been deemed unfit by the court/s in any way.
- If the parents are not comfortable with their decision, the POA can be revoked at any time.
What are the criteria to choose an agent for Child POA?
While choosing an agent to entrust with the responsibility of your child, you must keep in mind the following points:
- Financial stability of the person
- The physical and mental health of the would-be agent. Assess if the person is fit to take care of the child.
- Is the agent free of any legal or criminal matter?
- Are they able to place your child’s wellbeing first before anything else?
- Would they raise your child with the same value and discipline as you?
Is a lawyer required to draw up Child POA?
No, you do not need a lawyer to draft your child POA. It is a simple form that you can fill and submit by yourself. However, consultation with a lawyer may help you in understanding the process better.
What is the total cost of drawing a child POA?
Drawing up your child's POA does not take up a lot of money. You can download a template for free from CocoSign and fill in the details. You will then have to pay the fees for the notary. You can also avail yourself of free notary services provided by certain banks and credit unions.
Is there a need to notarize the child POA document?
Yes. Since it is a very powerful legal document, notarizing is important. The form can be co-signed by both the parents, a single parent while the other is notified, or even a legal guardian.
What is the duration of child POA?
The child POA can be of different time durations depending on what has been notified by the parent. While some POAs can be of 6 – 12 months period, others can be for a longer duration. In case the parents want to extend the duration of the POA, they can do so by drafting another POA before the expiration of the first one.
Explore Our Wide Range Of Power Of Attorney Template For Minor Child Now
Since child POA is an important legal document, it is of utmost importance that both parties preserve the signed and notarized forms. This will help in resolving any conflict in the future.
If you are looking to draw a child POA, visit CocoSign to download from the several templates for children.
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