What Is a New York Power of Attorney for a Minor?
A New York power of attorney for a minor, also called a Designation of Person in Parental Relation, lets you appoint someone to make decisions on your child’s behalf. It’s a great planning tool to use when you anticipate being unavailable due to personal circumstances. If you’ll be away due to work, travel, or a medical procedure, this document can ensure you have someone to take care of your child.
A New York minor (child) power of attorney can grant broad or limited powers, depending on the terms you include. You can allow your appointed agent oversight of your child’s education, healthcare, and day-to-day care (NY Gen Oblig L § 5-1553).
This document is not court-ordered, so parents can create it as needed. It’s a quick and flexible way to grant parental authority. It’s only intended to last for less than 12 months (NY Gen Oblig L § 5-1552).
A New York minor (child) power of attorney does not transfer permanent custody of a child.
Signing Requirements for a New York Power of Attorney for a Child
Per NY Gen Oblig L § 5-1552, any New York power of attorney for a child with a designation lasting for more than 30 days must be notarized. Even if the designation lasts for less than 30 days, it’s still highly recommended to seek notary acknowledgment for the principal’s and agent’s signatures.
Revoking a New York Power of Attorney for a Minor
Per NY Gen Oblig L § 5-1554, a parent can revoke a minor power of attorney in New York at any time. Some general considerations to keep in mind regarding revocation include the following:
- The revocation can be oral or written.
- One or both parents can revoke a minor POA.
- Parents can sign a new minor POA to cancel the old one.
- A revocation is effective even if the designee does not properly notify the involved parties, as long as the parent gives direct notification to any providers.
Sample New York Minor Power of Attorney
View an example of a New York minor power of attorney form to understand how to assign decision-making authority for your child. Then, draft your own with Legal Templates’s guided questionnaire. Once you fill it out, the final form will be available to download in PDF or Word format. Be sure to keep a copy for your records and distribute one to your agent and involved parties, including your child’s school and health care provider.
