Updated September 12, 2023
Minor (child) power of attorney is a legal document that allows a parent to grant someone else the responsibility for their children for a specified period (commonly 6-12 months).
In addition to providing day-to-day care, the agent will have the power to make educational, healthcare, and travel decisions for the children.
Signing Requirements
A minor (child) power of attorney is recommended to be notarized. If the parents would like to designate a longer-term arrangement, they should apply for guardianship.
Maximum Period
In most States, there is a maximum time-period, commonly 6-12 months, allowing for a minor (child) power of attorney. There is no limit on the number of times it can be renewed.
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
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
Table of Contents |
What is a Minor Power of Attorney?
A minor power of attorney allows a parent to elect someone else to take care of their child for a specified period of time. This document is not intended for long-term use, but rather on short-term occasions when a parent will be away from their child, for instances like a business trip or vacation. When a parent falls ill and is unable to think for themselves, this form allows for a person of their choice, typically someone who has a close relationship with their family and the child, to make the decisions necessary in order to care for the child.
A Power of Attorney for Child is also referred to as the following:
- Guardianship Power of Attorney, Medical Power of Attorney, Minor Power of Attorney
When to Use
For any type of short-term reason such as:
- Business trip;
- Military service;
- Surgery;
- Vacation;
- Jail time; or
- Any other reason where the child would need a trusted individual to make decisions on the parents’ behalf.
How to Get Power of Attorney for a Minor (5 steps)
- Select Someone You Trust
- Start and End Dates
- Powers and Responsibilities
- Signing the Form
- Using the Form
Getting a minor power of attorney is a process that requires the parent’s consent and commonly may only be used for a temporary amount of time (6 months to 1-year). For any long-term arrangements, the law requires the parents to go to the court and file guardianship papers.
1. Select Someone You Trust
First and foremost is select someone you trust to be around your child and make everyday decisions on your behalf. This person will be responsible for the child’s diet, exercise, and to promote good study habits if it’s during the school year. Therefore, it is best to elect someone who is healthy with discipline and structure in their life to be a good example.
2. Start and End Dates
After the Agent has been selected the parent will need to choose the timeframe. If longer than 6 months or 1-year and the parent may have to file for guardianship depending on the Laws in the State.
3. Powers and Responsibilities
The parent will have to write the rights the Agent will have over their child. If the child is going to be staying with the Agent for more than a week the powers should be unlimited. As a basic necessity the form should include the permission to pickup the child from school along with helping to attend if the child should need medical care.
4. Signing the Form
The signing requirements are usually located on the bottom of the State-Specific Form. In most cases, the State will require that the parent authorize with the Agent selected in the presence of a notary public or two (2) witnesses that are not related to either party.
The form must be presented Maximum Time Periods
| State | Maximum Period | Statutes |
| Alabama | 1 year | § 26-2A-7 |
| Alaska | 1 year | § 13-26-066(c) |
| Arizona | 6 months | ARS 14-5104 |
| Arkansas | Not mentioned | |
| California | Not mentioned | § 1510-1517 |
| Colorado | 12 months | § 15-14-105 |
| Connecticut | 1 year | Sec. 45a-622 |
| Delaware | Not mentioned | § 2320 to § 2328 |
| Florida | Not mentioned | § 744.3021 |
| Georgia | Not mentioned | § 19-9-124 |
| Hawaii | 1 year | §560:5-105 |
| Idaho | 6 months | § 15-5-104 |
| Illinois | Not mentioned | 755 ILCS 45 |
| Indiana | 12 months | § 29-3-9-1 |
| Iowa | No laws | No laws |
| Kansas | 1 year | § 38-2403(d)(2)(A) |
| Kentucky | Not mentioned | 27A.095 |
| Louisiana | No laws | No laws |
| Maine | 12 months | § 5-127 |
| Maryland | No laws | No laws |
| Massachusetts | Not mentioned | § 5-202 |
| Michigan | 180 days | Sec. 700.5103(1) |
| Minnesota | Not mentioned | § 257B.04 |
| Mississippi | No laws | No laws |
| Missouri | 1 year | § 475.602 |
| Montana | 6 months | § 72-5-103 |
| Nebraska | 6 months | Statute 30-2604 |
| Nevada | 6 months | NRS 159.0613 |
| New Hampshire | No laws | No laws |
| New Jersey | 1 year | |
| New Mexico | 6 months | |
| New York | Not mentioned | FCT § 661 |
| North Carolina | Not mentioned | § 32A-28 to § 32A-34 |
| North Dakota | 6 months | § 30.1-27-07(3) |
| Ohio | Not mentioned | § 3109.52 to § 3109.61 |
| Oklahoma | 1 year | |
| Oregon | 6 months | |
| Pennsylvania | Not mentioned | 11 Pa. Stat. § 2513 |
| Rhode Island | Not mentioned | § 33-15.1-14 |
| South Carolina | Not mentioned | |
| South Dakota | Not mentioned | § 29A-5-201 |
| Tennessee | Not mentioned | |
| Texas | Not mentioned | Sec. 1104.052 |
| Utah | 6 months | § 75-5-103 |
| Vermont | Not mentioned | 14 V.S.A. § 2659 |
| Virginia | 180 days | § 20-166(A) |
| Washington | Not mentioned | RCW 11.125.410 |
| Washington D.C. | Not mentioned | |
| West Virginia | Not mentioned | Chapter 44a, Article 1 |
| Wisconsin | 1 year | § 48.979(1)(am) |
| Wyoming | Not mentioned | Section 3-2-202 |
How to Write a Power of Attorney for Child
Download in PDF, Microsoft Word (.docx), or Open Document Text (.odt).
Step 1 – Parent and Minor Information
The first step to completing the form starts with entering the name of the child and parent(s). In our example, only one parent signed the form, however, both parents can be co-guardians.
Step 2 – Appointing the Attorney-in-Fact
The Attorney-in-Fact (Agent) should be someone who has a relationship with the family and lives in close proximity. In our example, the Agent is the Uncle of the child and lives nearby within the same city. Enter the Agent’s name, relationship to the minor, and home address.
Step 3 – Agent’s Powers
There are two options to choose from: Delegate all powers/authority to the agent or only give specific authority. The Guardian(s) need to initial and check their preferred option. If granting specific authority, give a description of the power(s).
Step 4 – Longevity of Powers
Enter the date in which the Power of Attorney for Child will commence and follow by selecting how or on what date the document will terminate. In our example, the Power of Attorney for Child has a specific start and end date.
Step 5 – Governing Law
Enter the state in which the Power of Attorney for Child will be governed, the state is most often the same state in which the minor lives.
Step 6 – Guardian Signature(s)
The Guardian(s) need to sign, print name, and date the Power of Attorney for Child form in order to be valid.
Step 7 – Agent’s Acceptance
The agent must confirm their acceptance of being the child’s temporary guardian which is mandatory the agent sign, print name, and mark the date.
Step 8 – Affirmation by Witness
Even if your state does not require two (2) witnesses to sign the Power of Attorney for Child, it’s still a good idea none the less as a number of states do require. Have both witnesses sign, print name and date the form.
Step 9 – Notary Acknowledgement
Having the Power of Attorney for Child signed by a Notary Public is the last step to making the document officially legal. You can usually find a Notary Public to sign for free at your local bank.
