Many parents need child care powers of attorney from time to time when others assume responsibility for caring for their children for any period of time.
Most states allow some form of simple written temporary child care and custody authorization.
The purpose of a Child Care Power-of-Attorney is to allow you (the parent, parents or guardian) to authorize an agent (attorney-in-fact) who is an adult you select to act for you and on your behalf - to temporarily have the care, custody and control of your minor or incapacitated children.
This may allow someone else to act in authorizing medical care, education, caring for children and any other lawful purpose. An authorization may allow an agent to do most anything you can legally do for your children, or it may be very limited in scope.
Times when a power of attorney may be appropriate include:
- Children staying with grandparents or other relatives when parents are not present.
- Children on a vacation away from parents.
- Parents on a vacation or long road trip away from children.
- Parents away on a business trip.
- Parents on active military duty.
Some states have limitations on the length of time powers of attorney may be valid.
You generally cannot give an agent authority to consent to a marriage or adoption. Generally, what you authorize depends on how much you trust the chosen agent and what your needs are.
A Power-of-Attorney should not be used in place of a guardianship if you must select someone to care for your minor or incapacitated children on a permanent basis. That should be done through a guardianship (or conservatorship) proceeding with an attorney.
Most states will recognize a Power-of-Attorney as valid which is validly created under another state's law. However, to be certain there are no problems, if your children will be staying in another state and need someone to be legally responsible for them, you should have a form (or multiple forms) which complies with the laws of the state (or states) in which the children will be staying for an extended period.
If there is no appropriate state selection on this web page for the state in which you would like to create a Child Care Power of Attorney, you may request the form and select the state you need. There are no promises, but if there are sufficient requests, we will try to satisfy them.
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