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Minor (Child) Power of Attorney Forms

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A minor power of attorney form allows a parent to appoint a trusted person to take care of their child for a specific length of time. With power of attorney, the nominated person has 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

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Sample

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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], (I/We 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.

The undersigned Attorney-in-Fact acknowledges and executes this Power of Attorney and by such execution, does 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)


What is Minor Power of Attorney?

Minor power of attorney is a position given by a parent (the “principal”) to another individual (the “agent”) that grants them the responsibility of caring for their child for a length of time. Usually the maximum length of time is one (1) year, but this differs state by state. 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 handing over legal custody of their child but temporary parental rights. The form can be revoked at any time by the parent by delivering a revocation form to the agent.

Depending on the state in which the parents 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 with the following qualities:

  • Trustworthy
  • Parenting experience
  • Understands and accepts the significance of the responsibility

What parental rights does it give the agent?

Once the document is signed, the agent will receive almost all of the rights normally reserved for the child’s parents. This can include the right to manage the following duties:

  • Handle medical matters (schedule appointments, request treatments, etc.).
  • 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 as long as 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 whom they nominate as their agent. When selecting an agent, a parent should consider whether that person has meets the following conditions:

  • They are trustworthy.
  • They can be a positive role model.
  • They have experience with children.
  • They will be able to provide a stable and safe home environment.
  • They are financially secure.

Step 2 – Complete the POA

The form is a total of three (3) pages, which asks the parent(s) for the following specifications:

  1. What powers will be granted to the agent (full or limited).
  2. When the POA will begin and end.
  3. What state laws the POA will be 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 the Form

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 legally valid and binding. This will require the principal (parent) to have their signature witnessed and/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 upload it to 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 retained by the parents and any other applicable parties. 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, 633B.213(1)(a)
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:12-39
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 Title 2, Chapter 34
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

Do I need to use an attorney?

It is not necessary, but sometimes recommended. As long as the principal uses the correct form from the list of states above, the form can be completed by the parent/guardian without legal counsel.

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, as per § 5-103. The state laws (above) should be referenced for the maximum permittable length.

Does it need to be notarized?

Potentially; each state has its own requirements about notarization. Even if it is not a state requirement, having the form notarized is still recommended as it further proves the authenticity of the POA.