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Minor (Child) Power of Attorney Forms

A minor power of attorney form gives a parent the ability to grant a trusted person with the right to take care of their child for a specific length of time. With power of attorney, the nominated person will have the ability to enroll the child in school, permit medical treatment, sign waivers, and provide for the child’s general welfare.

Minor Child Power of Attorney: By State

Contents

What is Minor Power of Attorney?

Minor power of attorney is given by a parent (the “principal”) to a person known as the “agent” to take responsibility for their child for a length of time typically under one (1) year. The financial responsibility for the child remains with the parent(s), although the agent may provide financial assistance when necessary. By giving power of attorney, the parent is not giving legal custody over their child, but temporary parental rights. The form can be revoked at any time by the parent by delivering a revocation to the agent.

Depending on the state in which the parent(s) reside, it may be illegal for the agent to handle matters relating to transferring real property, consenting to the child’s marriage, and permitting adoption.

Who should I choose as the agent?

The parent(s) should preferably choose someone that:

  • Is trustworthy;
  • Has parenting experience; and
  • Understands all of the responsibilities and duties they will be given.

What parental rights does it give the agent?

Once signed, the agent will receive almost all of the rights held by the child’s parents. This can include the right to:

  • Handle medical matters (schedule appointments, request treatments, and so on);
  • Enroll the child in school;
  • Sign them up for extracurricular activities;
  • View any documents and records relating to health and education.

If the parent(s) would like to limit their agent’s rights in one (1) or more areas, they can exclude certain powers when completing the POA form.

How to Give Minor Power of Attorney

Step 1 – Identify the Agent

Anyone can serve as the agent so long they are over eighteen (18) years old. However, just like a parent wouldn’t let anyone babysit their child, they should be very selective with who they nominate as their agent. When selecting an agent, look for someone that:

  • Is trustworthy;
  • Is a positive role model;
  • Has experience taking care of children;
  • Provides a stable and safe home environment; and
  • Is financially secure.

Step 2 – Complete the Form

The form is a total of three (3) pages; which will require the parent(s) to specify:

  1. The powers granted to the agent (full or limited);
  2. When the POA begins and ends; and
  3. The state in which the POA is governed by.

Additionally, the following information will be required regarding the child, parent(s), and agent:

Child

  • Full name
  • Birthdate (day, month, & year)

Parent(s)

  • Full name(s)
  • Street address(es)
  • Witnessed/Notarized signature(s)

Agent

  • Full name
  • Relation to the child
  • Street address (street, city, & state)
  • Dated signature

Step 3 – Sign it

Each state has its own requirements for how a power of attorney must be signed. The requirements must be met in order for the form to be considered valid. This will require the principal (parent) to have their signature witnessed (by 1+ witnesses) or notarized. While having both is rarely mandatory, doing so can aid in proving that the parent(s) issued the power of attorney.

Notarize – Once the form has been filled out, save it to your computer and click “Notarize a Document” on the homepage to notarize the form completely online. The service costs $25.

Step 4 – Give to the Agent

The parent(s) should provide the agent with the completed power of attorney. A copy should be made for record-keeping. Parent(s) can give a copy to their attorney, the school district, and any other entity that may require it. The parent should make a note of all entities that received a copy in the event they need to revoke the agent’s powers.

Minor Child POA Laws: By State

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 §§ 701 to 703
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 §§ 464-A:1 to 464-A:47
New Jersey § 3B:12-74
New Mexico § 45-5-104
New York § 657
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 SB No. 1598
Utah § 75-5-103
Vermont Chapter 111
Virginia Chapter 17 (C)
Washington § 11.125.410
West Virginia HB 4237
Wisconsin § 48.979
Wyoming Title 3, Ch. 2

Frequently Asked Questions (FAQ)

Do I need to use an attorney?

No. So long the correct state is selected above, the form can be completed solely by the parent or guardian.

How long does a Minor Child POA last?

Not including military deployments, the average duration for a minor child POA is one (1) year. Although this can be limited to as short as sixty (60) days if the parent(s) live in Massachusetts, per § 5-103. The state laws (above) should be referenced for the maximum permittable length.

Does it need to be notarized?

Yes, if it is required by the state. Even if it is not a state requirement, having the form notarized is still recommended as it further proves the authenticity of the POA.

Sample

Download: Adobe PDF, MS Word (.docx), OpenDocument (.odt)

How to Write

Download: Adobe PDF, MS Word (.docx), OpenDocument (.odt)

Color codes:

  • Red Required
  • Blue – Optional

Step 1 – Parent/Guardian + Child Names

Corresponding to the numbers in the image, enter the following:

  1. The full name of the child;
  2. The day, month, and year the child was born;
  3. The name of the parent/guardian;
  4. Check the 1st box if a parent, the 2nd box if a guardian; and
  5. The address of the parent/guardian. If there is a 2nd parent or guardian, enter:
  6. The full name of the parent or guardian;
  7. Check whether they are a parent or guardian; and
  8. Their full street address (street, city, and state).

Step 2 – The Agent

Enter the following regarding the agent (also known as the “attorney-in-fact”):

  1. Their full name;
  2. Relation to the minor child (ex: “Aunt”); and
  3.  Street address.

Step 3 – Agent’s Powers

This section allows the parent/guardian(s) to specify the scope of the powers their agent will have. Only choose one of the options. If the agent should have similar powers to the parent, initial and check “A” and enter the name of the state the principal(s) resides. If the parent(s) would like to limit the agent’s to only a select few power(s), initial and check “B” and write the power(s) the agent has in detail.

Step 4 – Duration

The duration of the form is how long it remains in effect. Start by entering the day, month, and year in which the agent will receive their power(s). Then, check the applicable box(es) for when the power of attorney will terminate.

  • If option “A” is initialed and checked, the contract will be revoked on a certain date.
  • By selecting option “B”, the form will terminate if the principal has an unexpected (or expected) medical event that leaves them unable to communicate their wishes.
  • Finally, select option “C” if the principal would like to have the form revoke upon death.

Note: consult state law if the principal will not be selecting option “B” and/or “C”, as each state has different rules and regulations pertaining to the durability of a power of attorney.

Step 5 – Governing State

Write the name of the state in which the parent/guardian(s) live.

Step 6 – Parent/Guardian Signature(s)

At least one (1) parent or guardian must sign the form. If two (2) parents or guardians were entered in Step 1, both will need to sign in this section.

Do not sign the form until the witness(es) and/or notary public is present and ready to sign the document.

Step 7 – Agent (“Attorney-in-Fact”) Acceptance

As proof that the agent understands their obligations to the child and parent/guardian(s), they will need to:

  1. Sign their name (once the form is complete, click “eSign a Document” on the homepage).
  2. Print their name; and
  3. Write the date they signed (dd/mm/yyyy).

Step 8 – Witness Signature(s) – If Applicable

If it is required by state law to have one (1) or more witnesses view the principal’s signature, they will need to:

  1. Sign their name;
  2. Print their name;
  3. Date their signature; and
  4. Write their full mailing address.

Step 9 – Notarization

This section is reserved for a notary public.