the power of attorney of a child what do you have to do

by Golden Kunze Published 2 years ago Updated 1 year ago 4 min read

A power of attorney for a child needs to meet state legal requirements, including the following:

Both parents or legal guardians have to sign the POA document if they share legal custody
Most U.S. states require POAs to be notarized
Some states mandate the agreement to be filed with the court
The guardians can revoke a power of attorney for any reason at any time

A POA form for a child should include the following information:

Minor's name and birthdate.
Parent or guardian's name, address, and contact information.
Attorney-in-fact's name, address, and contact information.
Scope of powers granted to the attorney-in-fact.

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May 26, 2021

Full Answer

When to Use

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.

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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.

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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.

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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.

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Step 5 – Using The Form

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

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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.

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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.

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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).

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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.

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