A Power of Attorney For a Minor Child
Posted on Thu Apr 24, 2025, on Power of Attorney
From Our “Ask a Question” Mailbag: “I have two young children, and I am worried that if someday my spouse and I are in an accident, our two families will fight about who will take the kids home from school or the hospital. Is there a way to pick a guardian or Agent ahead of time? Is there a power of attorney for a minor child?”
Parental Power of Attorney Lawyer Daniella Horn
What is a Power of Attorney For a Minor Child?
A Power of Attorney For a Minor Child, sometimes called a “Temporary Guardianship,” a “Minor Power of Attorney,” or a “Parental Power of Attorney,” is a legal document giving one of your family members or friends the legal temporary power to serve as your minor child’s guardian.
When do People use a Power of Attorney For a Minor Child?
Typical examples are when a parent with sole custody is in the military and deploys or is traveling. But these powers are useful even when both parents are present, as it is always possible that both are in an accident or are incapacitated, and the child is sitting on the nurse’s lap in the emergency room. In that circumstance, who takes the child home or authorizes medical care? The answer is cloudy if you have no Power of Attorney for a Minor Child, but if you have one, the adult granted the power can take the child home and authorize medical care.
What Powers Does the Agent Possess?
Rules differ from state to state, but in general, while the legal parent is unavailable, the Agent may make decisions about daily care, food, lodging, and where the child sleeps and plays. Further, if the minor child is in school, the Agent may authorize school events and travel, take the child to doctors, and authorize exams and treatment.
How Long Does a Parental Power of Attorney Last?
Most states limit the time these powers may be granted. Six months or sixty days is a typical limit. The reasoning is that if, after this time limit, you are still unable to care for your child, the odds are you will never recover. In these circumstances, the courts will oversee the process to ensure the child is safe.
The Temporary Guardianship document often addresses this situation and will appoint a person (usually the same person) to become a permanent guardian.
Is a Parental Power of Attorney Permanent?
These powers are easily revoked. If you decide the person you appointed is no longer the best choice, revoking the Power of Attorney and signing a new document is simple.
In Conclusion, There are Many Benefits of Having A Power of Attorney For a Minor Child
If you have a minor child, you should have a Power of Attorney for a Minor Child. The world is an unpredictable place, and at any time, you could be rendered incapacitated by an accident or medical emergency. A Power of Attorney allows your chosen Agent to quickly and easily assist your child.
If you want to know more, please read my article, Guardianship of a Minor: Everything You Need to Know.
I hope you found this short article about the benefits of Temporary Guardianship. Contact us if you want to know more or have an estate that needs our help. Let our Probate and Estate Planning lawyers help walk you through what can be a confusing process. Feel free to contact our office for a free consultation. It’s All We Do:
Wills, Trusts, Probate, and Estate Litigation!
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Peter Klenk, Esq. Pennsylvania Revocable Trust Lawyer, New Jersey Revocable Trust Attorney
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