Minor (Child) Power of Attorney Template

A Minor (Child) Power of Attorney form, also called a power of attorney guardianship form, allows a minor’s parent or legal guardian to assign authority to a caregiver in their absence. The caregiver is known as the attorney-in-fact or may be called the “agent.” A Power of attorney can help you ensure your child receives proper support and guidance when you are unavailable for a short time.

Streamline the power of attorney (POA) process by using a minor power of attorney template. A template can address the appropriate federal and state requirements to ensure the process runs smoothly and avoid unnecessary legal complications.

Forms – By State

Table of Contents

• Forms - By State
• How to Get Power of Attorney for a Minor
• Legal Considerations
• How to Write
• Sample
• Frequently Asked Questions

How to Get Power of Attorney for a Minor

A power of attorney for a minor can help ensure your child’s needs are met while you are away or unavailable. Unlike the limited scope of a child travel consent or medical consent, a POA grants the attorney-in-fact full authority to make decisions for your child’s welfare. For instance, the agent can approve healthcare and direct your child’s education in your absence.

Take the following steps to establish power of attorney for a minor.

1. Understand the Legal Requirements

Many states limit when a minor POA is valid, so review your state and local requirements. All the child’s legal guardians must agree to the arrangement.

2. Gather Documentation

Before completing your form, gather all the documents pertaining to your absence so you can provide the necessary details. Examples may include:

• Plane tickets and travel itinerary
• Deployment paperwork
• Legal documents detailing incarceration terms
• Medical treatment plans
• Surgery recovery timeline
• Contract, lease, or other agreement for temporary relocation

Your documentation should help establish why you are absent and how long you expect to be gone. Include specific dates, addresses, and points of contact.

3. Choose a Trusted Person

Choosing an agent to care for your minor is no small task. You want to know that your child will be cared for and comfortable while you are gone.

4. Establish Terms and Conditions

All parties should understand the full scope of the agent’s powers and responsibilities, which may include:

• Providing the child with food and shelter
• Facilitating the child’s transportation to school, extracurricular activities, and appointments
• Ensuring the child gets sufficient exercise and socialization
• Protecting the child’s health by making and keeping doctor’s appointments, picking up and administering medications, and providing follow-up care as needed
• Attending parent-teacher conferences, concerts, sporting matches, and other events a guardian could reasonably be expected to attend

5. Complete a Minor Power of Attorney Form

Once you have established the agent and terms, you can complete the power of attorney form. If the child has two parents or guardians, both must typically be party to the agreement. Every state has different legal requirements, so you can benefit from using a pre-made template tailored to the state where you and your child reside.

Legal Considerations

Legal considerations for a child POA differ by state. Your agreement must meet legal requirements in the jurisdiction where the minor currently resides and the jurisdiction in which they will live with the agent. Review the following to ensure you meet your state and local guidelines:

Signing Requirements

In most situations, both parents or guardians must be present to sign, along with the agent. The signatures on a child power of attorney agreement may require a notary or legal witness. Some states require more than one witness. A POA agreement for a minor is not legally enforceable if you do not meet legal signing requirements. Check with your state and local laws to avoid legal complications.

Maximum Time Periods

A minor power of attorney agreement is meant to be a temporary measure. Most states limit the guardianship afforded to the agent by a POA to six months.

State limitations do not apply to parents on military deployment. In that case, the POA remains in effect for the full length of the parent’s deployment. For all other circumstances, the POA cannot be longer than the legal time limit established by state law. Below are the legal time limits for minor POAs in each state:

Parents or guardians who wish to grant an agent power of attorney for longer than the legal time limit may sign a new POA. In some circumstances, they may consider a legal transfer of guardianship. For example, if the child’s sole parent or guardian is incarcerated for several years, they may transfer guardianship to a family member or other legal guardian.

Revoking a Minor Power of Attorney

When a minor power of attorney has a specific end date, the powers awarded to the designated agent will expire automatically. If you, as the child’s parent or legal guardian, return or regain your ability to care for the child sooner, you can revoke the power of attorney. You can also revoke the POA if the agent resigns or you wish to switch agents.

To revoke a minor POA, submit a formal revocation of power of attorney to the attorney-in-fact and any third parties who may work with the agent on behalf of your child. For instance, you may need to send a copy to your child’s school.

You can send the form via email, deliver it in person, or mail it. Request a read receipt or send the form by registered mail to obtain proof of delivery.

Powers You Can Grant

When you assign power of attorney to a trusted agent, you allow them to make certain decisions to ensure your child’s well-being. You can choose a general power of attorney that grants broad permissions for your child’s care or select a limited power of attorney so the agent can only handle specific situations.

What Powers Can I Grant in a Power of Attorney For a Child?

Powers you can grant in a power of attorney for a child include:

• Accessing medical information
• Arranging medical or dental care
• Enrolling the child in school
• Accessing the child’s academic information
• Meeting with teachers and administrators to discuss the child’s performance

Powers You Cannot Grant

While power of attorney for a child lets the agent act on behalf of the parent in certain situations, there are limits to the power a POA grants. A POA for a child does not:

• Grant custody to the agent
• Establish permanent legal guardianship
• Grant the agent control over the child’s real estate or personal property
• Allow the agent to make financial decisions for the child’s parents or guardians
• Consent to the child’s marriage or adoption

The parent or guardian must follow other legal processes to convey permanent guardianship, grant custody, or establish financial power of attorney.

The agent also has no control over child support proceedings. If support payments are insufficient, the parent or legal guardian can submit a demand for child support or a child support modification request.

How to Write

Follow these steps to complete your minor POA.

Step 1 – Begin with a Fillable POA Template

Generate a template for the appropriate state. If your child will reside in a different jurisdiction during your absence, ensure your POA includes applicable legal requirements for both locations.

Step 2 – Enter the Principals’ Names and Designations

The legal parents or guardians are the principals in a child power of attorney form. Add the full name of all principals and indicate their relationships to the minor.

Step 3 – Enter the Agent’s Name and Relationship 

Add the full name and address of the designated agent who will care for your child and their relationship.

Step 4 – Enter the Minor’s Name and Date of Birth 

State the full name and date of birth of the minor.

Step 5 – Enter the Successor Agent

Choose a successor agent to care for the minor if something should happen to the designated agent. Enter their name and address as the successor on the POA form.

Step 6 – Choose the Power and Authority Granted 

Check the boxes next to the powers and authorities you wish to grant the attorney-in-fact during your absence.

Step 7 – Indicate Limitations

Certain limitations already exist for a minor POA. Add any other limitations you wish to place on the agent’s power. For instance, you can prohibit international travel while the child is in the agent’s care.

Step 8 – Add Special Instructions

Include any special instructions to ensure your child’s health and well-being. You may use this section to indicate special needs, such as dietary restrictions or prohibited activities.

Step 9 – Indicate the Effective Date and Termination Conditions

Enter the date the agreement becomes effective and indicate whether the agreement ends in six months, a certain number of months, or on a specific date.

Step 10 – Choose Durable or Regular Power of Attorney

Establish whether the POA is for durable or regular power of attorney. A durable power of attorney remains in effect regardless of the principal’s state. However, a standard power of attorney will terminate the POA if the principal becomes incapacitated or disabled.

Step 11 – Sign the Agreement 

All named principals and agents should sign and date the agreement. Check your state requirements before you sign, as you may need a notary or witnesses. Consider adding a notary acknowledgment to the POA form if necessary.

Sample

If you want to create a minor (child) power of attorney form, you can get started by downloading our PDF or Word template.

Frequently Asked Questions