By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Common Uses
Minor POAs are commonly used when a parent will be:
- Traveling out of state or country without their child.
- Deployed on active military duty.
- Receiving long-term medical care.
- Serving a prison sentence.
- Moving to another city or state without their child.
Minor Power of Attorney Explained
Minor power of attorney is a position given by a parent (the “principal”) to another individual (the “agent” or “attorney-in-fact”) that grants them the responsibility of caring for their child for a limited period. The maximum length of time is typically under one year, but the laws differ from state to state.
By giving power of attorney, the parent is not handing over legal custody of their child; they are giving temporary parental rights. The parents can revoke the form at any time by delivering a revocation form to the agent.
Agent’s Powers
Agents receive many of the responsibilities normally reserved for the child’s parents, including:
- Handling medical affairs.
- Enrolling the child in school.
- Signing them up for extracurricular activities.
- View any documents and records relating to health and education.
How to Appoint a Minor Power of Attorney
Step 1 – Select an Agent
Essentially anyone 18 years old and of sound mind can serve as an attorney-in-fact for a minor. When choosing an agent, a parent should consider whether that person meets the following criteria:
- Trustworthy
- Someone the child is comfortable with
- Can provide a stable and safe home environment
- Financially secure
Step 2 – Complete the POA
The power of attorney document must be completed with the following information:
- The name and birth date of the minor
- The names and addresses of the parents
- The name and address of the agent and their relationship to the minor
- The type of power granted
- The start and end date of the agent’s powers
Step 3 – Sign the Form
Each state has varying requirements for how a power of attorney must be signed, which may include witness signatures and notarization. State specifications must be met for the form to be legally valid and binding.
Step 4 – Deliver to the Agent
The parents should provide the agent with the completed power of attorney. They can keep a copy for themselves, and copies can be sent to their attorney, the child’s school district, health care providers, and anyone else responsible for the child’s well-being.
Minor Child POA Laws: By State
View State Requirements |
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STATE | STATUTE | |||
Alabama | § 26-2A-7 | |||
Alaska | § 13.26.066 | |||
Arizona | § 14-5104 | |||
Arkansas | § 28-68-213 | |||
California | § 1510 (Art. 2) | |||
Colorado | § 15-14-105 | |||
Connecticut | § 1-351l | |||
Delaware | § 2340 | |||
Florida | Ch. 744 “Guardianship” | |||
Georgia | §§ 19-9-120 to 19-9-134 | |||
Hawaii | § 560:5-105 | |||
Idaho | § 15-5-104 | |||
Illinois | § 755 ILCS 5/11-1 | |||
Indiana | § 29-3-9-1 | |||
Iowa | § 633B.213 | |||
Kansas | § 59-3075 | |||
Kentucky | § 27A.095 | |||
Louisiana | Title 9 §§ 951, 952, 953, & 954 | |||
Maine | § 5-127 | |||
Maryland | §§ 17-101 to 116 | |||
Massachusetts | § 5-103 | |||
Michigan | § 700.5103 | |||
Minnesota | § 524.5-211 | |||
Mississippi | § 93-31-3 | |||
Missouri | § 475.602 | |||
Montana | § 72-5-103 | |||
Nebraska | § 30-2604 | |||
Nevada | § 162A.570 | |||
New Hampshire | Chapter 564-E | |||
New Jersey | § 3B:12-39 | |||
New Mexico | § 45-5-104 | |||
New York | §§ 5-1551, 1552 | |||
North Carolina | § 32C-2-213 | |||
North Dakota | § 30.1-26-04 | |||
Ohio | § 1337.28 | |||
Oklahoma | § 700 & § 701 | |||
Oregon | § 109.056 | |||
Pennsylvania | § 5603(u.3) | |||
Rhode Island | N/A | |||
South Carolina | § 62-5-310 | |||
South Dakota | § 29A-5-210 | |||
Tennessee | §§ 34-6-301 to 34-6-310 | |||
Texas | Title 2, Chapter 34 | |||
Utah | § 75-5-103 | |||
Vermont | Chapter 127 | |||
Virginia | § 20-166 | |||
Washington | § 11.125.410 | |||
West Virginia | § 49-8-3 | |||
Wisconsin | § 48.979 | |||
Wyoming | §§ 3-9-101 to 123 |
Sample
Download: PDF (Blank) | PDF (Sample Data)
MINOR (CHILD) POWER OF ATTORNEY FORM
1. THE PARTIES. For the minor child named [MINOR CHILD NAME] born on [MM/DD/YYYY] (hereinafter the “Minor”),
Parent / Guardian: I, [PARENT/GUARDIAN NAME], the parent or court-appointed guardian, with an address of [MAILING ADDRESS],
Parent / Co-Guardian (if applicable): and I, [PARENT/CO-GUARDIAN NAME], the Parent or Court-Appointed Guardian with an address of [MAILING ADDRESS], (hereinafter known as the “Parent(s)/Guardian(s)”),
Attorney-in-Fact: hereby appoint [ATTORNEY-IN-FACT NAME] as the Attorney-in-Fact for the Minor, who is the [RELATION TO CHILD] with an address of [MAILING ADDRESS] (hereinafter the “Attorney-in-Fact”).
2. POWERS. I/We, the Parent(s)/Guardian(s), delegate the Attorney-in-Fact the powers of: (Initial and Check ONE)
[INITIAL] ☐ – All authority I/We have under the State of [STATE].
[INITIAL] ☐ – Only the authority to [DESCRIBE AUTHORITY HERE].
3. COMMENCEMENT. This power of attorney shall commence on [MM/DD/YYYY] and terminate on [MM/DD/YYYY]. Irrespective of the end date, this power of attorney shall terminate in the event of my incapacitation or death.
4. STATE LAW. This power of attorney shall be governed under the laws in the State of [STATE].
5. SIGNATURES.
Parent/Guardian Signature: _______________________ Date: [MM/DD/YYYY]
Print Name: [PARENT/GUARDIAN NAME]
Parent/Guardian Signature: _______________________ Date: [MM/DD/YYYY]
Print Name: [PARENT/GUARDIAN NAME]
6. ACCEPTANCE BY ATTORNEY-IN-FACT.
I, the undersigned Attorney-in-Fact, acknowledge and execute this power of attorney and by such execution do hereby affirm that I accept the appointment and understand the duties under this power of attorney and state law.
Attorney-in-Fact Signature: _______________________ Date: [MM/DD/YYYY]
Print Name: [ATTORNEY-IN-FACT NAME]
7. WITNESS AFFIRMATION.
I witnessed the execution of this power of attorney by the Parent(s)/Guardian(s), and I affirm that the Parent(s)/Guardian(s) appeared to me to be of sound mind, was/were not under duress, and the Parent(s)/Guardian(s) affirmed to me that he/she/they were aware of the nature of this power of attorney and signed it freely and voluntarily.
Witness Signature: _______________________ Date: [MM/DD/YYYY]
Print Name: [WITNESS NAME]
Address: [WITNESS ADDRESS]
Witness Signature: _______________________ Date: [MM/DD/YYYY]
Print Name: [WITNESS NAME]
Address: [WITNESS ADDRESS]
8. NOTARY ACKNOWLEDGMENT.
State of [STATE]
County of [COUNTY]
On [MM/DD/YYYY], before me appeared [PARENT/GUARDIAN NAME(S)] as the Parent(s)/Guardian(s) who proved to me to be the above-named person(s), and in my presence, executed the foregoing instrument and acknowledged that they executed the same as their free act and deed.
_________________________________________
Notary Public
Print Name: [NOTARY NAME]
My Commission Expires: [COMMISSION EXPIRATION]
(Notary Seal)