Minors or children under 18 years old are incapable of providing for their own needs. Thus, they need a legal guardian to oversee their safety and to sustain their academic and medical needs while the parents are temporarily away. To appoint a legal guardian, you need a minor child power of attorney form. This form can be acquired in your local post office, downloaded online, or created by you. Before acquiring the said form, you should already have sat down with your ideal guardian to talk about the said appointment. This ideal guardian should be a person that you trust enough to entrust your child/children with, and this may be a relative or a close friend of yours. Read More
A minor child power of attorney form is a document that is used by parents to temporarily assign an individual to be their child’slegal guardian. This legal guardian may be a relative or a close friend of the parents. The following are the main reasons why such a form can be acquired:
The parent is hospitalized for an extended period;
The parent is assigned to another location for military duty;
The parent is currently in prison;
The parent is traveling abroad and;
The parent is relocating temporarily to another place or country.
After all the necessary details have been furnished, the form should be signed in the presence of a notary public.
Limitations on the Minor Child Power of Attorney Form
Although this form grants temporary authority to an individual, it does not rid the parents of the full parental rights over their child/children, revise the legal custody of their child/children, or establish a permanent caretaker.
The form alone is merely a statement of temporary guardianship and can be terminated by the parent anytime. The guardian may also step down anytime. When it comes to the minor’s medical attention, some hospitals require health insurance as proof that the minor is included in the insurance coverage.
How to Create a Minor Child Power of Attorney Form
Below, we have gathered you helpful tips and information about making your own minor child power of attorney form. Here’s how:
1. Furnish the Necessary Details
These necessary details include the full name, residential or permanent address, and the phone numbers of the parents and the court-appointed guardian/s. As for the minor, his or her full name, residential or permanent address, and age are required. The effective date and the termination date of the agreement, transfer of powers, and compliance are also embedded here. It is important that the names of the individuals concerned be accurate in the first place because it will regard the whole argument as null and void.
2. Choose Your Guardian
This guardian, whether a relative or a close friend, should be someone you fully trust and is physically fit and of sound mind. This person should be able to assist your child academically and medically and makes real-time decisions on your behalf. And he or she should be a role model for your child/children to emulate.
3. Sit Down and Go into the Details of the Form
Once you have appointed a guardian for your child, sit down with him or her, and discuss the guardian’s responsibilities and powers. This will discuss whether the child will be staying with the guardian or not and the academic and medical obligations of the guardian. Pertinent documents such as health insurance should be provided by the parent, in case the child will require medical attention.
4. Discuss the Timeframe of the Agreement
This agreement’s typical period entirely depends on the parent. Specify the date when the agreement will take effect and when it will be terminated. In some forms, the termination date depends on the parent’s incapacity and death.
5. Sign in the Presence of the Notary Public
After discussing the terms and conditions of the agreement, affix your signatures on the document. The document should have a certification, indicating that the legal guardian accepts his or her responsibilities. And it should be witnessed by a notary public, citing that the parent/s and the guardian/s are of sound mind and that they are not coerced when they signed the document.
As a parent, you only want what’s best for your child/children. And as much as you like to be there with them, certain circumstances will hinder you from spending time with them. Thus, you are left with no choice but to entrust your child/children’s welfare into another person’s care. This person is ideally the person you trust the most; one that you have known for a long time and one who knows and understands your child’s needs. Because this legal guardian will oversee the academic and medical needs of your child while you are away. And this guardian will not only secure the safety of your child and put your mind at ease but will serve as a role model despite the physical distance.
Frequently Asked Questions
1. Where can I get a Minor Child Power of Attorney Form?
A minor child power of attorney form can be acquired in your local post office, downloaded online, or created by you. Some websites offer such a form for free according to your state and can be edited to fit your needs and preferences. However, if you want to make it from scratch, you can scour for sources online.
2. Does a Minor Child Power of Attorney (POA) form the same as legal custody?
No. The two are entirely different in nature. The POA indicates a temporary guardianship over the child for a particular period; whereas, the legal custody can be modified by court proceedings.
3. How long should a POA last?
A POA can last according to the parent’s needs. Some forms can be terminated according to the parent’s incapacity or death.
4. What happens when you fail to acquire a POA?
In the event that you become incapacitated or mentally incapable of overseeing your child/children before appointing a legal guardian, the court will appoint an agent on your behalf.