What Is an Ohio Minor (Child) Power of Attorney?
An Ohio minor (child) power of attorney is a legal document that allows a parent to temporarily entrust a residential grandparent with decision-making for their child. The state of Ohio reserves this document exclusively for grandparents living with the child.
When a minor POA is executed, a grandparent can consent to the child’s health care and school enrollment. This document does not terminate parental rights. It only helps ensure that the child is cared for while the parents are unavailable due to a medical procedure, military leave, or work travel.
If you want a non-grandparent to have decision-making authority over your child, you must seek guardianship through the court.
What Is a Caretaker Authorization Affidavit in Ohio?
Per OH Rev Code § 3109.66, a caretaker authorization affidavit allows a grandparent to temporarily make school and healthcare decisions for a child when the parents can’t be located. However, it does not grant full legal custody of the child nor end the parent’s guardianship.
Requirements for a Power of Attorney for a Child in Ohio
A power of attorney for a child in Ohio must be signed by the child’s parents or legal guardians and the grandparent who is gaining authority. OH Rev Code § 3109.54 requires all of these signatures to be notarized by a notary public.
The parent who created the POA must file it with the juvenile court where the agent resides within five days. If there’s a non-custodial and non-residential parent, the residential parent who signed the minor POA must notify them within five days of the POA’s creation (OH Rev Code § 3109.53).
You do not need to notify the non-residential parent if any of the following are true:
- They’re prohibited from receiving a relocation notice under OH Rev Code § 3109.051.
- The court has terminated their parental rights.
- They cannot be located with reasonable efforts.
- Both parents are signing the POA.
Can I Revoke a Minor POA in Ohio?
Yes, you can revoke a minor power of attorney in Ohio at any point. Use Legal Templates’s Ohio power of attorney revocation form to ensure the agent no longer has their granted authorities.
Sample Ohio Minor Power of Attorney
Below, you can see an example of an Ohio minor (child) power of attorney. This preview shows how you can assign temporary caregiving authority to a grandparent. When you’re ready, create your own using Legal Templates’s guided form and download the final document in PDF or Word format.
