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
Child power of attorney has a maximum limit of 6-12 months (see state laws). 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
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.
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 | |
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” | |
New Mexico | 6 months | |
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) | |
Oregon | Military: Term of active duty plus 30 days. School Administrator: 12 months. Otherwise: 6 months |
|
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 | |
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 | |
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
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: ______________