Child Power of Attorney Forms – By State
Minor power of attorney (POA) forms vary by state because each state sets rules on how parents or guardians can delegate authority for a child. As you write your form, you must be mindful of state variations in the allowed length of the POA, who can serve as an agent, and notarization/witness requirements. Explore the guides below to find a child power of attorney template for your state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- 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
- West Virginia
- Wisconsin
- Wyoming
What Is a Minor (Child) Power of Attorney?
A minor (child) power of attorney is a legal form allowing a minor’s parent or guardian to assign temporary authority to a caregiver in their absence. The caregiver is known as the agent or attorney-in-fact. This document helps ensure your child receives proper support and guidance when you are unavailable for a short time.
It does not transfer parental rights permanently. Instead, you can write it to plan for the care of your child when you’re faced with the following situations:
- Serving in the military
- Staying in a hospital or an acute care facility
- Undergoing surgery
- Facing incarceration in prison or jail
- Going on a business trip out of the state or country
- Planning for the unexpected future absence of one of the child’s parents or guardians
Minor Power of Attorney vs. Guardianship
A minor power of attorney is not the same as guardianship. A POA for a child grants temporary decision-making powers, and it can only last for a limited time in many states. It lets another trusted adult handle day-to-day decisions for a child when needed. Meanwhile, it preserves the parents’ or guardians’ legal rights and responsibilities.
Guardianship is a court-appointed process. The court decides what’s best for the child and grants a chosen guardian broad powers over their well-being and care decisions. Guardianship grants fuller parental rights and is used when the child’s primary parent(s) or guardian(s) can no longer fulfill their role.
Guardian Nominations
You can nominate someone for guardianship in your last will, but the court has the final decision.
| Factor | Minor Power of Attorney | Guardianship |
|---|---|---|
| How It’s Created | A parent or guardian designates authority through a written form | The court completes the appointment, but it can consider nominations |
| Purpose | Allows a trusted adult to make temporary day-to-day decisions for a child | Gives a guardian broad authority to care for and make decisions about a child |
| Duration | Usually under one year (depends on state laws) | Ongoing, until the child turns 18 or the court ends the guardianship |
| Parental Rights | Parents keep their legal rights and responsibilities | Guardian takes over many parental rights and responsibilities |
| Scope of Authority | Limited (medical care, school decisions, basic needs) | Broad authority over a child’s well-being, education, medical care, and living arrangements |
Minor POA vs. Child Medical Consent Form
A minor POA covers the powers desired by the parents. It can allow the agent to make decisions for a child’s health care, education, and daily living.
A child medical consent form allows a family member or another trusted adult to only make medical decisions in the parent’s absence. It’s useful in an emergency medical situation where the parent is unavailable. Healthcare providers will know who has the authority to authorize treatments and procedures for the child.
How to Write a Power of Attorney for a Minor Child
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 form or medical consent form, a child POA grants the attorney-in-fact broader authority to make decisions for your child’s welfare. Take the following steps to establish power of attorney for a minor.
Step 1 – Gather Documentation
Before completing your form, gather any documents pertaining to your absence. Examples 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.
Estate Planning Checklist
Review our estate planning checklist to ensure your family’s affairs are in order.
Step 2 – Record the Parents’ and Child’s Information
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.
Name the child and give their date of birth. If you want to create the same POA for multiple children, you can add additional minor children using Legal Templates’s form.
Step 3 – Name the Agent
Add the full name and address of the designated agent who will care for your child and indicate their relationship to the child. The agent for your minor power of attorney should:
- Have a good relationship with the child
- Be healthy enough to take care of your child
- Have a schedule that is flexible enough to provide attentive care
- Feel comfortable being fully responsible for your child’s health and well-being
- Share your values and intentions regarding childcare
Consider adding successor agents if your first agent becomes unavailable or unwilling to act.
Step 4 – Grant Authority
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 certain powers so the agent can only handle specific situations. 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
- Providing the child with food and shelter
- Facilitating the child’s transportation to school, extracurricular activities, and appointments
Powers You Cannot Grant Under a Minor POA
If your minor POA contains prohibited authority, the powers will not be enforceable. Ensure you don’t grant any prohibited powers, such as:
- Granting custody to the agent
- Establishing permanent legal guardianship
- Granting control over the child’s real estate or personal property
- Consenting to the child’s marriage or adoption
The parent or guardian must follow other legal processes to convey permanent guardianship or grant custody. 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.
Step 5 – Determine an Effective Date
Enter the date your minor (child) power of attorney form becomes effective. You can have it go into effect immediately or on a specific date.
Step 6 – Establish a Termination Date
A minor power of attorney agreement is meant to be a temporary measure. Most states limit the authority afforded to an agent to six months, though some offer a one-year limit.
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 limits for minor POAs in each state:
| State | Maximum Period | Statute |
|---|---|---|
| Alabama | 1 year | AL Code § 26-2A-7 |
| Alaska | 1 year | AK Stat § 13-26-066(c) |
| Arizona | 6 months | AZ Rev Stat § 14-5104 |
| Arkansas | Unspecified | AR Code § 28-68-213 |
| California | Unspecified | CA Prob Code § 1510-1517 |
Step 7 – Sign & Notarize
All named principals should sign and date the agreement. Add a notary acknowledgment to the POA form if necessary. Check your state’s signing requirements before you sign, as you may need a notary or witnesses.
Minor (Child) Power of Attorney Sample
View a free minor child power of attorney sample to learn how to format yours. When you’re ready, create your own printable power of attorney for a minor child using our guided questionnaire. The template is available to download in PDF or Word format.
Revoking a Minor Power of Attorney
If a minor power of attorney has an end date, the powers awarded to the designated agent will expire on that date. 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.
