What Is a Tennessee Power of Attorney for Care of a Minor Child?
A Tennessee power of attorney for the care of a minor child is a legal document that grants caregiving authority to a trusted agent. As a parent, you can determine what powers your chosen agent has when they’re making decisions for your child. Your agent may have authority on matters for a child, such as the following:
- Medical care and treatment
- Education and enrollment
- Housing
- General care and well-being
According to TN Code § 34-6-302, a Tennessee power of attorney for the care of a minor child is designed for use when a hardship temporarily prevents you from caring for your child. Hardships may include, but are not limited to, the following:
- Going to jail
- Dealing with a serious illness
- A physical or mental health issue (yours or your child’s) that makes daily care impossible
- Losing your home in a natural disaster like a fire or flood
What About Temporary Guardianship in Tennessee?
A Tennessee minor power of attorney is a private document that a parent can write without court involvement. TN Code § 34-2-101 governs the process for securing a court-appointed guardian for a child. Temporary guardianship can provide more stability and more encompassing care than a minor POA.
Legal Requirements for a Tennessee Minor (Child) Power of Attorney
A Tennessee minor (child) power of attorney must be signed by the parent, legal guardian, or legal custodian. If both parents have legal custody, they should both sign the document.
The parents’ signatures must be notarized or witnessed by two witnesses (TN Code § 34-6-302). If only one parent has legal custody, one of the two following procedures must be followed (TN Code § 34-6-303):
- The other parent must consent in writing to the appointment in the minor POA; or
- The executing parent must explain why the other parent cannot grant consent.
If neither parent completes one of the above procedures, the executing parent must send a copy of the TN minor POA and a notice of TN Code § 34-6-305 to the other parent’s last known address.
If you will get the Tennessee minor power of attorney notarized, use Legal Templates’s notary acknowledgment form.
How Long Does a Tennessee Power of Attorney for Care of a Minor Child Last?
A Tennessee power of attorney for the care of a minor child typically lasts six months to one year. It can be terminated by a court order or in writing by either parent (TN Code § 34-6-306). You may use our power of attorney revocation form to revoke it at any time. If a parent disagrees with a decision of the caregiver regarding the minor child, the parent’s decision prevails, provided that it does not jeopardize the child’s life, health, or safety (TN Code § 34-6-307).
Sample Tennessee Minor Power of Attorney
View an example of our Tennessee minor power of attorney form to see how to structure the terms so your child has a trusted agent to make decisions for them temporarily. Fill it out using Legal Templates’s guided form, then download it in PDF or Word format. Give one copy to your child’s agent and send copies to your child’s school, doctor, and other institutions as needed.
