In a Power of Attorney for Children the parent appoints
another adult adult (who may or may not be a parent him-/herself) as agent or attorney-in-fact to act on the appointing parent's
behalf. This "substitute parent" can make day-to-day, as well as
medical and educational decisions for the benefit of the child.
The advantage is that there is no court supervision involved and you do not need to go to court, nor appoint an attorney to obtain this document.
Equally though, it also means that the appointed person must be absolutely trustworthy, since there is no authority supervising his or her decisions.
Sidebar: The decision-making power of the appointed "substitute parent" may be limited in the Power of Attorney to specific acts, (otherwise known as a specific Power of Attorney).
Important Note: You need to confirm the duration for which a POA will be valid. It could be anything from 6-12 months to not having a time limit. This depends on where you live.
If the time limit is 6 months and you need it for a longer period, then it is a simple matter of signing a new power of attorney.
But it is important to note that it always expires upon the death of the parent and cannot override a will!
It is then a function of a Last Will and Testament where a parent can appoint a legal guardian. If there is no will, then the State will appoint a guardian.
A Power of Attorney for a child is especially useful in that institutions can rely on the document to:
A power of attorney for children is also particularly useful when the parents will be absent for an extended period e.g.
Parents can make the power of attorney as broad or as restrictive as they want. We'll give you some sample wording to use.
Take a look at our notes after the Free Power of Attorney for a Child Form below to assist you with drafting your document.
I, the undersigned
Full legal names: ______________________________
SS / Identity Number: ___________________________
residing at
_____________________________________________________
am the Natural Parent / Court Appointed Legal Guardian of the
Minor
Named _______________________________________
born on the _____ day of _____________________20__
hereby authorize:
Full legal names: _______________________________
SS / Identity Number: ___________________________
residing at
_____________________________________________________
as my Attorney-in-Fact (Agent) for the Minor named herein.
With full power of attorney and the power of delegation and substitution, to perform any and all acts on my behalf, which I have the power and capacity to perform, except for the following: _____________________________________________________ _____________________________________________________
If my Agent is unable to act on my behalf by reason of absence or by reason of mental incapacity (temporary or permanent), or bankruptcy or unable or unwilling to serve for any other reason, then I authorize:
Full legal names: _______________________________
SS / Identity Number: ___________________________
residing at
_____________________________________________________
as substitute Agent with the same Power of Attorney.
This document serves to appoint my Agent to act in my stead and make decisions for the welfare of the person and property of the Minor as I would have done if I were present and could do so. It shall not be interpreted as a waiver nor a termination of my parental rights to, or responsibilities for the Minor and this appointment can be revoked at any time by me.
1. My Agent is specifically authorized to:
1a. Act on my behalf in all matters
relating to the medical and health care of the Minor, where I am
unable to do so. This authority includes permission to sign
documents and/or forms as required by a medical facility, obtain
medical records and consult with a duly licensed health care
provider and make decisions to consent to or deny medical
procedures, medication and medical treatment for the Minor.
1b. Act on my behalf in all matters relating to the education of
the Minor. This authority includes permission to enroll the Minor
in accredited educational institutions, obtain academic records
and to authorize the Minor's participation in school activities
and excursions, extra mural activities and supplemental tutoring.
1c. Apply for and obtain any relief or grant or scholarship that
the Minor may qualify for and benefit from.
1d. Accompany the Minor on domestic and international travel and
to grant permission for other responsible adults to accompany the
Minor.
2. I hereby revoke any and all previous powers of attorney for the Minor signed by me.
3. This power of attorney shall become effective on the _____ day
of ____________________20____
and shall expire on the _____ day of ___________________20____ or
at an earlier date if revoked by me in writing.
4. I indemnify and hold harmless my Agent from any loss that results from an error in judgment that was made in good faith, save for willful misconduct or the failure to act in good faith under the authority of this power of attorney.
5. I authorize my Agent to indemnify any third party from any claims which may arise against the third party because of reliance on this power of attorney.
6. By signing below the Agent hereby confirms his/her acceptance of the Appointment and the attendant duties thereof, as prescribed under the law.
Agent's Signature: ________________________
Names:___________________________Date:__________________
Executed by the Parent / Legal Guardian this ______ day of
_________________20 ____
at ______________________________________
Signature: ________________________________
in the presence of the undersigned witnesses:
Witness 1. Signature: ________________________
Names:__________________________Date:___________________
Witness 2. Signature: ________________________
Names:__________________________Date:___________________
Acknowledgement
This document was acknowledged before me on this
______day of ____________________20__
by ________________________(Principal's full legal names) who is
personally known to me or who has provided identification in the
form of _______________________________________
Signature of Notary Public ______________________
Full legal names ______________________________
My commission expires ________________________
State of ________________________
County of _______________________
NOTES:
In your document you must specify residential street addresses, not office or postal addresses.
Our template makes provision for a substitute Agent. You can delete that paragraph if you do not want to name an alternative person.
This is a general Power of Attorney which makes provision for any exceptions or limitations that you wish to add. You can list them or write Not Applicable.
Examples of limitations or exclusions for your Agent's power of attorney for the Minor:
Or any other exclusions you may have from a religious or moral standpoint (e.g. going to religious gatherings or feeding the minor meat when he/she is vegan).
PLEASE NOTE: There are some decisions that an appointed agent cannot make such as:
This is because a Power of Attorney does not terminate the rights of a parent nor change the custody of the child.
You may also have wishes on how you would like the Agent to act on behalf of the Minor.
Firstly, It adds more credence to the document. More importantly though, it may be a legal requirement in your jurisdiction.
Do not sign the document beforehand. All the pages must be initialed and full signatures done on the last page, in the presence of a Notary Public or Commissioner of Oaths. Take two printed copies along and initial and sign them both - one copy for yourself and the other copy for your appointed attorney-in-fact (Agent).
Generally speaking you do not need to file it in court except in some instances, such as when it involves real estate transactions on behalf of a child.
Guardianship of a child can be:
1. A temporary arrangement between the parents and another adult.
This is normally an informal agreement and you can look at our temporary guardianship form, which will give you a good understanding of how and when this can be used.
Temporary guardianship is a good solution for when a parent needs help in taking care of a child for a short-term period.
2. Permanent guardianship is a formal and legal process by which a court authorizes a person to act as a guardian for a child (the ward).
The guardian can make all health, educational and day-to-day decisions on behalf of the child.
However, there are some decisions for which court approval must be sought e.g. changing where the child lives, withholding life-saving treatment etc.
This is an important part about a formal guardianship order: The court is an active participant in overseeing reports that must be submitted from time to time by the guardian.
And as we've discussed on this page, you have a third option - making use of A Power of Attorney for Children - a legal document that can be executed without a court order and without active supervision by the court.
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