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Child (Minor) Power of Attorney Form
The child power of attorney (also called a minor power of attorney) is a document that can delegate specified rights towards a child to the chosen person (agent). The person and the powers are defined by the parent(s) (the principal side).
In most cases, the minor power of attorney is established for no more than a year. The document does not provide the agent with permanent guardianship or financial rights towards the child, as it only transfers parental rights (providing commercial aid if needed). Just like the principal can revoke the document by creating a revocation form, the agent can resign at any moment too.
Reasons for Authorizing a Child Power of Attorney
The parent(s) may need to establish specific actions which an agent can perform towards the child in such cases as:
serving a prison sentence;
traveling outside the country or the state without a child;
prolonged medical treatment;
long-drawn military service (or other active duties);
temporarily relocating to another city, state, or country without the child.
By completing the form, the agent will receive such powers as:
picking the child up from kindergarten, school, etc.;
having access to medical and educational documents of the child;
taking the child's healthcare matter (appointing visits, carrying to the hospital, etc.);
assigning to extracurricular appointments.
While creating the form, the parent or guardian can specify the desired areas of the agent's power.
How to Establish a Child Power of Attorney
Stage 1 – Select the Agent
As the idea of the form is to give the responsibility for a child to another, even a trusted person, the principal should think twice about selecting the agent. The essential requirements for the agents include maturity, experience in taking care of children, financial independence, a competent home environment, and being a reliable role model. It is a good idea to ask a preferred person in advance whether they are ready to hold such authority for some time.
Stage 2 – Fill in the Power of Attorney Form
The form contains three pages, in which the participants have to indicate:
the authority is given to the agent;
the period of form efficacy;
the state of the form efficacy;
child's full name and date of birth;
parents' full names, addresses, and notarized or witnessed signatures;
agent's full name, home address, bonds with the child, and dated signature.
Remember that a document is governed by the laws of the jurisdiction where the matter takes place.
Stage 3 – Sign the Form
It is important to know that each US state has its specific signing restrictions regarding the usage of electronic signs, notarizing or witnessing, and even the presence of the participants during the process. So, before completing the form, the principal has to be familiar with the state's legislation where the form will take effect. A power of attorney has to be notarized or signed by at least one witness to be legitimized. The notarizing process can be held online or in-person (again, one must act following local laws).
Stage 4 – Spread the Copies
The parent(s) must provide the agent(s) with a copy of the signed document. It also should be spread into the organizations which may need and require it from the agent (school, kindergarten, extracurricular classes, hospital, etc.).
The principal should list each of the given copies in case they decide to stop the form's effect.
The comprehensive instruction on how to fill the minor child POA and a sample form is provided below.
How to Fill a Child Power of Attorney Document
The first section of the form is designed to employ the personal data (name, date of birth, home address (street, city, and state)) of the child and parent(s) or guardian(s). Note that if there is only one parent or guardian present, there is no need to fill the fields in the optional section. Remember to leave a tick in the needed box near the word "parent" or "guardian."
The second field is dedicated to the agent's contact information–the full name, type of bond with a child, and address.
The third part of the form must be filled with information on the rights transferred to the attorney. There are two options available, but only one can be marked by the principal's initials and a tick in the preferred box. Choosing the first option will provide the agent with the same authority as parents do. In case of selecting it, the principal must also include the state in which one lives (according to which laws they have the rights towards a child).
The second option would empower the agent with limited rights, specified in the following lines near the second box.
More steps to take
The subsequent section defines the duration of the form. Firstly, the principal specifies the date of the beginning of the document's efficacy. Next, leave a tick in at least one of the boxes. If selecting the first, specify the day of the year in which you wish to end the power of the form. The second and the third options provide the opportunity to withdraw the form in case of the principal's incapacitation or death, respectively.
Actions for cases when the principal does not choose the second or third option but becomes disabled or dies differ from state to state.
As the next step, write the name of the state in which the parent(s) reside.
If in the first section both principals were mentioned, they both have to sign the form. Note that one should sign the form only in the presence of the witness(es) or a Public Notary.
Agent's signature proves that they understand the responsibility given by and the terms included in the form. If so, they must enter a printed name, signature, and the date of signing.
If the local legislation requires witnesses, they should be present while completing the form. In a dedicated section, they must leave a signature, printed name, home address, and the date of the process.
If the initiator of the form creation decided to notarize it, the section for notaries will be filled by the notaries only, so the principal must not write anything there.
There is no need for the agent to attend to the process of the form filling. The only moment when their presence is crucial is when signing the acceptance of the terms of the document.