Minor (Child) Power of Attorney Form

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Updated August 02, 2022

A minor (child) power of attorney allows a parent to give the responsibility of their child to another individual for a specified period of time (usually lasting 6-12 months). The form must be signed in accordance with state requirements. If the parents would like the designation to be long-term, they should apply for guardianship.

Maximum Time-Periods – View the maximum time period allowed in each State before it must be renewed.

By State

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

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.

Step 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.

Step 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.

Step 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.

Step 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.

Step 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 § 13-26-066(c)
 Arizona 6 months ARS 14-5104
 Arkansas Not mentioned

§ 28-68-213

 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

Section 3B:12-39

 New Mexico 6 months

Section 45-5-104

 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

§10-700(A)

 Oregon 6 months

ORS 109.056(1)

 Pennsylvania Not mentioned 11 Pa. Stat. § 2513
 Rhode Island Not mentioned § 33-15.1-14
 South Carolina Not mentioned

Section 63-5-30

 South Dakota Not mentioned § 29A-5-201
 Tennessee Not mentioned

§ 34-6-302

 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

§ 21–2301

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 Adobe 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.