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Minor (Child) Power of Attorney Form

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. Responsibilities usually include daily care, and making educational, healthcare, and travel decisions.
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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.

By State

How to Get Minor Power of Attorney

1. Parent Selects an Agent

A parent or legal guardian of a child has the authority to choose someone else (agent) to have rights over their child.

The agent selected will have rights over the child’s daily care along with educational, health, and dietary conditions. Therefore, the agent selected should be a trustworthy individual.

2. Start and End Dates

Most States do not allow a power of attorney designation for more than 6-12 month. Even though it can be renewed, it is best to check with State law.

3. Powers and Responsibilities

A parent is required to list the specific responsibilities that are being granted.

4. Signing the Form

The signing requirements are usually located at the bottom of the form. In most cases, it must be signed in the presence of a notary public or two witnesses.

5. Using the Form

The form must be presented every time it is used for the child. Depending on the situation and institution, an original copy may be required.

Maximum Time Periods

State Maximum Period Statutes
 Alabama 1 year § 26-2A-7
 Alaska 1 year AS 13-26-066(c)
 Arizona Military: 1 year
Otherwise: 6 months
ARS § 14-5104 &
ARS § 14-5107
 Arkansas Not mentioned

§ 28-68-213

 California Not mentioned § 1510-1517
 Colorado 12 months § 15-14-105
 Connecticut Parent’s death: 90 days
Otherwise: 1 year
Sec. 45a-622 to 45a-624g
 Delaware No statutory limitation No laws
 Florida No statutory limitation No laws
 Georgia Grandparents: no statutory limitation
Military: term of deployment plus 30 days
Otherwise: 1 year
§ 19-9-122
§ 19-9-132
 Hawaii 1 year §560:5-105
 Idaho Grandparents, Siblings, and Siblings of Parents: no statutory limitation
Military: 12 months
Otherwise: 6 months
§ 15-5-104
 Illinois No statutory limitation 755 ILCS 45
 Indiana Military: term of active duty service plus 30 days
Otherwise: 12 months
§ 29-3-9-1
 Iowa No statutory limitation No laws
 Kansas Military: term of active duty service plus 30 days
Otherwise: 1 year, may be renewed for one additional year
§ 38-2403(d)(2)(A) & (d)(2)(B)
 Kentucky 1 year § 403.352
 Louisiana 1 year § 952
 Maine National Guard or Reserves: If on active duty for more than 30 days, term of active duty plus 30 days
Otherwise: 12 months
§ 5-127
 Maryland POA not valid for guardianship No laws
 Massachusetts Until terminated § 5-201
 Michigan Military: term of deployment plus 31 days.
Otherwise: 180 days
Sec. 700.5103(1) & (3)
 Minnesota Temporary Custodians: First to occur: 24 months or death of designator
Standby Custodians: No statutory limit
§ 257B.04
 Mississippi Military: Term of active duty service plus 30 days
Otherwise: 1 year
§ 93-31-3(7)(b)
 Missouri Military: Term of active duty service plus 30 days
Otherwise: 1 year
§ 475.602
 Montana 6 months*
(*does not apply to active duty US military, Montana national guard serving more than 180 continuous days, or federal reserves serving more than 180 continuous days.
§ 72-5-103
 Nebraska 1 year Statute 30-2604
 Nevada Military: No statutory limitation
Otherwise: 6 months
NRS 159A-205
 New Hampshire No statutory limitation No laws
 New Jersey 1 year but may be renewed and may be extended 6 months in “exigent circumstances”

Section 3B:12-39

 New Mexico 6 months

Section 45-5-104

 New York 12 months § 5-1551
 North Carolina No statutory limitation No laws for general care
For healthcare: § 32A-28 to § 32A-34
 North Dakota 6 months § 30.1-26-04
 Ohio No statutory limitation § 3109.52 to § 3109.61
 Oklahoma 1 year (renewable)

§10-700(A)

 Oregon Military: Term of active duty plus 30 days.
School Administrator: 12 months.
Otherwise: 6 months

ORS 109.056

 Pennsylvania No statutory limitation 11 Pa. Stat. § 2513
 Rhode Island No statutory limitation No laws
 South Carolina No statutory limitation No laws
 South Dakota No statutory limitation No laws
 Tennessee No statutory limitation

§ 34-6-302

 Texas 6 months
Renews automatically unless otherwise terminated.
§ 34.0015 et. seq.
 Utah 6 months § 75-5-103
 Vermont No statutory Limitation No laws
 Virginia Military: Term of active duty plus 30 days.
Otherwise: 180 days
§ 20-166(A)
 Washington Healthcare: No statutory limitation.
General Care: 24 months
RCW 11.125.410 and
RCW 11.130.145
Washington D.C. No statutory limitation

§ 21–2301

West Virginia 1 year § 49-8-4
 Wisconsin Relatives: No statutory limitation
Otherwise: 1 year unless approved by a court
§ 48.979(1)(am)
 Wyoming No statutory limitation No laws

Sample

Download: PDF, MS Word, ODT


MINOR CHILD POWER OF ATTORNEY

 

Date: [EFFECTIVE DATE]

Principal: [PRINCIPAL’S NAME], of [PRINCIPAL’S ADDRESS], hereby appoint

Agent: [AGENT’S NAME], of [AGENT’S ADDRESS], as my attorney-in-fact (hereinafter referred to as “Agent”) to act on my behalf and make decisions regarding:

Minor Child: [CHILD’S NAME], born on [CHILD’S DATE OF BIRTH], during any period of my absence or incapacity.

Powers Granted: (initial all that apply)

______- Healthcare Decisions: To make medical decisions for my minor child, including but not limited to consenting to medical treatment, surgeries, medications, and accessing medical records.

______- Educational Decisions: To make decisions concerning my child’s education, including enrolling in or withdrawing from school, choosing educational programs, and consenting to educational assessments or services.

______- Financial Decisions: To manage and make decisions regarding my child’s financial affairs, including accessing and managing bank accounts, paying bills, and making financial investments on behalf of the child.

______- Travel Consent: To consent to my child traveling domestically or internationally, including granting permission for specific trips or activities.

______- Legal Decisions: To make legal decisions on behalf of my child, such as signing legal documents, entering into contracts, or initiating legal proceedings if necessary.

______- Day-to-Day Care: To make day-to-day decisions regarding my child’s care, welfare, and upbringing, including matters related to housing, nutrition, and recreational activities.

______- Other: [DESCRIBE].

Duration and Revocation: This Power of Attorney shall remain in effect for [DURATION]. I reserve the right to revoke or modify this Power of Attorney at any time, provided that such revocation or modification is communicated to my Agent in writing.

Signature and Date:

Parent/Guardian’s Signature: _____________________ Date: ______________

Witnesses:

Witness #1 Signature: _____________________ Date: ______________

Witness #2 Signature: _____________________ Date: ______________

Agent Acceptance:

I, the Agent, accept the responsibilities and duties as the attorney-in-fact for the parent/legal guardian mentioned under this Power of Attorney.

Agent Signature: _____________________ Date: ______________