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Virginia Minor Child Power of Attorney Form

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Virginia Minor Child Power of Attorney Form is a legal document that enables the legal guardians (including parents) of children to properly deliver the power to make adult decisions and take actions to safeguard one or more child to another adult. Only the parent of a child or that child’s court-appointed legal guardian can issue this type of paperwork. However, any agent (so long as they are legally allowed to) can be named with the guardian powers defined in this document. Needless to say, due to the sensitive nature of child rearing any parent/guardian who delivers such powers must make sure to name an agent who is reliable, available, and willing to act as the child’s guardian or caretaker when called upon. There will be some flexibility as to the extent or time period of these powers, however, many consider this a good precaution especially, when scenarios such as long-term medical treatments or military deployment are concerned. This form may be revoked at any time by the parent(s) or guardian by whom this document was executed.

Laws – No Statutes

Guardianship – An individual seeking to obtain guardianship will need to download the appropriate Court Forms for filing in accordance with § 64.2-1706.

How to Write

1 – The Guardian Delegation Can Be Downloaded Here On This Page

The paperwork, available through the image caption buttons, is the template a Parent or Court Appointed Guardian can use to delegate a Guardian Attorney-in-Fact the Principal Authority to watch over the Child in the manner the Parent/Guardian defines.

2 – Section I Requests A Basic Identification Of Child And Parents

The first blank line in Section I, after the words “For The Minor Named…” should have the Full Name of the Child who’s well-being will be safeguarded by the intended Guardian.  The phrase “Born On The” will present three empty lines immediately following it. Use this area to document the Birth Date of the Child.  The next area of this statement shall focus on the Parent (or the Guardian/Caretaker) of the Child. First, fill in the Full Name of the person who currently cares for the Child and has legal Authority over his or her well-being.  The next task will be to further define the Parent/Caretaker. Document who the Principal is to the Child by marking either the box labeled “Parent”, or the box labeled “Court Appointed Guardian.” Some additional information should also be disclosed. Locate the terms “…Street Address Of,” “City Of,” and “State Of” then, fill in the Parent/Caretaker’s Physical Address of Residence using these spaces  If there is an additional entity in charge of the Child’s well-being his or her information must be supplied in the next portion of this section. 

3 – The Guardian Attorney-in-Fact Should Be Documented In The Section Second

The individual who will be granted Principal Powers over the Child must have his or her identity declared in the second section. The terminology “I/We Hereby Appoint” will begin the area in Section II where we must report on the intended Guardian Attorney-in-Fact. Begin by documenting the Legal Name of the individual who will be entrusted with Principal Powers on the first blank space following these words.  Next, disclose the nature of the relationship the intended Guardian shares with the Child on the second blank space of this statement  In addition to the Guardian Attorney-in-Fact’s Full Name, his or her Street Address, City, and State should be produced. Record this material using the spaces supplied in this section after the words “Address Of,” “City Of,” and “State Of.”

4 – Sections III And IV Seek The Principal Definition Of The Granted Powers

The third section here will be devoted to solidifying what Principal Powers will be designated to the Guardian Attorney-in-Fact. If the Parent/Caretaker intends to grant the Guardian Attorney-in-Fact the Full Effect of his or her Authority, then he or she should initial the blank space attached to the first statement and mark the checkbox presented. If preferred, he or she can appoint a limited amount of Principal Authority to the intended Guardian by presenting them on the blank lines presented in the second statement then initialing the blank space and marking the checkbox corresponding to statement “B.”  The Parent/Caretaker will have to set the Dates when the Powers in this document should be considered in Effect.  He or she must report the exact Calendar Date when these Powers are Effective in the first statement of section IV. Directly below this the Parent/Caretaker must initial and check one of the three choices provided to indicate when these Powers terminate.  This Termination can be set to a specific Date by presenting this Date in statement A then initialing and checking it. Otherwise, the Principal can automatically Terminate these Powers if he or she is rendered disabled by initialing and checking Statement B or set these Powers to Terminate when he or she dies by initialing and checking Statement C 

5 – The Guardian Will Not Be Appointed With Power Until The Parent Signs This Form

Finally, the Parent/Caretaker will have to Sign then Date this delegation of Powers before a Notary Public and two Witnesses. This is the only action that will execute this document. Each Parent must Sign his or her Name on the “Parent/Court Appointed Guardian Signature” line, print his or her Name on the line labeled “Print Name,” and declare the Date of Signature on the line labeled “Date.” Enough room for two Parents to sign a distinct area has been supplied to this page.   The “Acceptance By Attorney-in-Fact” paragraph will provide proof of the Guardian Attorney-in-Fact’s knowledge and acceptance of these Powers. He or she must read this section, sign his or her Name, print his or her Name, and record the Signature Date on the blank spaces bearing the labels “Attorney-in-Fact’s Signature,” “Print Name,” and “Date.”  Two additional sections will require attention: “Affirmation By Witness 1” and “Affirmation By Witness 2.” These are the individuals who’ve watched the Principal execute this document. Make sure each of these sections will have one of the Witness’ Names printed on the first blank line. Each Witness must produce his or her Signature, Printed Name, and Signature Date to his or her paragraph.  Once these tasks have been completed, this paperwork should be given to the Notary Public so that it may be notarized properly.


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