What Is a Massachusetts Minor (Child) Power of Attorney?
A Massachusetts minor (child) power of attorney (POA) enables parents to appoint an agent to act on behalf of their child. This document is beneficial when parents need someone to care for their child temporarily. Whether the parents are absent due to military leave or a medical procedure, an MA minor POA ensures someone is available to offer temporary childcare.
The appointed agent can only exercise powers per the parents’ instructions. In most cases, the scope of powers is limited to educational and healthcare authorities.
An MA child POA does not revoke or transfer parental responsibilities. It only allows someone to stand in for limited childcare duties. By completing an MA child POA, parents can access a non-court-ordered way to handle their child’s affairs.
Can a Massachusetts Minor POA Grant Guardianship?
No. A court must appoint a guardian for a minor child in Massachusetts. MA Gen L ch 190B § 5-201 through MA Gen L ch 190B § 5-212 governs the appointment of guardians for minor children.
Signing Requirements for a Massachusetts Minor POA
The parent or guardian must sign a Massachusetts minor (child) POA in front of two witnesses (MA Gen L ch 190B § 5-103(b)). The witnesses must be at least 18, and neither can be the temporary agent. The temporary agent must also submit a written acceptance of their duties.
Is Notarization Required?
Notarization is not statutorily required for a minor power of attorney in Massachusetts. However, a notary acknowledgment can increase the document’s validity.
How Long Is an MA Minor POA Valid For?
MA Gen L ch 190B § 5-103(a) limits the authority of the appointed agent to 60 days. If the parent wants to extend the agent’s authority, they must create and execute a new minor POA document after 60 days have passed.
A parent can use a Massachusetts revocation of power of attorney form to revoke the document at any time. Notice of the revocation should be delivered to all interested parties.
Restrictions for a Massachusetts Minor Power of Attorney
An agent is not allowed to consent to the marriage or adoption of a minor (MA Gen L ch 190B § 5-103(a)). In general, they are only allowed to carry out the powers that are explicitly listed in the minor POA document.
Also, a parent cannot appoint a temporary agent without the approval of another parent who is willing and able to provide care (MA Gen L ch 190B § 5-103(c)).
Sample Massachusetts Minor Power of Attorney
View an example of a Massachusetts minor power of attorney. Then, create your own with Legal Templates to let someone make decisions for your child temporarily. Download copies in PDF or Word format, keeping one for yourself and distributing the others to relevant institutions, such as doctors’ offices and schools.
