What Is a California Power of Attorney for a Minor Child?
A California minor (child) power of attorney lets a parent grant a trusted agent authority to act on behalf of the parent. It allows the agent to make decisions for the child when the parent or legal guardian is unavailable. It’s often used in various situations, such as when a parent goes on vacation, serves in the military, or is incarcerated.
The CA child POA specifies what authorities the agent has, ensuring that they can only act in a manner that the parent approves of. The document also specifies how long the authorities last, making the document only a temporary delegation of parental rights. It does not grant custodial rights over the child. The parents keep those rights unless a court order specifies otherwise.
Requirements for a Minor (Child) Power of Attorney in California
A minor (child) power of attorney in California must be signed by the parent or legal guardian. Both parents must sign if they have joint custody of the minor.
Furthermore, the California minor power of attorney must meet the following standards:
- Specifies the scope and duration of the temporary parental authorities granted
- Signed by two disinterested witnesses per CA Prob Code § 4122, or notarized (AB-1163)
- Identifies the principal (the parent), the agent, and the minor
- Excludes unenforceable authorities (like those related to adoption, marriage, or property transfer)
It goes into effect immediately upon signing. No recording with the county recorder is necessary. If a parent wants to revoke the powers granted, they can complete a POA revocation form.
California Minor (Child) Power of Attorney Sample
View an example of a California minor (child) power of attorney to see what elements are included. Then, create your own using Legal Templates’s guided questionnaire. Download a printable version in PDF or Word format.
Caregiver’s Authorization Affidavit vs. Minor POA in California
A caregiver’s authorization affidavit is another legal option for granting decision-making authority over a child’s affairs. It’s for non-parent caregivers to authorize two main actions per CA Fam Code § 6550:
- Enrolling a child in school
- Authorizing school-related medical care
This affidavit is more specific in scope. Meanwhile, a California minor POA can grant broader decision-making authority over a child.
| Difference | California Caregiver's Authorization Affidavit | California Minor POA |
|---|---|---|
| Who Signs It | Caregiver | Parent(s) |
| Who Gets Decision-Making Authority | Caregiver | Agent (chosen adult) |
| Scope of Authority | Limited to the child's enrollment in school and school-related health care | Broader |
| Financial Authority Can Be Granted? | No | Yes but limited |
| Notarization Required? | No | Typically required |
| Legal Strength | Weaker | Stronger |
| Common Use | For informal caregiving | For a planned parental absence |
