The minor power of attorney allows a parent to choose someone else, usually a relative, to be the caretaker of their child for a temporary period. This is regulated by each State’s guardianship laws and commonly has a maximum period of one (1) year. The form should be authorized in accordance with State law which, in most cases, required the principal to sign the document in the presence of a notary public. Upon the principal’s authorization, the agent will need to use the form every time a public or private institution requests verification.

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Forms – By State

Table of Contents

What is Power of Attorney for a Minor?

A minor power of attorney gives parenting rights to someone else for a temporary time period without the need to go to court. The designation is meant for short-term situations such as babysitting, travel, military service or any other reason the parents would be away from the child. The agent may need to present this document when performing their duties such as picking up the child from school, seeking medical care, or upon request by any institution.

How to Get Minor Power of Attorney

Obtaining temporary guardianship rights with a power of attorney may be completed by following State laws and having the parent(s) sign. After completing, the agent will be required to show the form with each use.

Step 1 – Decide the Caretaker

The most important step is the first (1st). Selecting the caretaker for the child. This person will have rights to pick up the child from school, decide and make medical decisions, and most rights the parent holds themselves. Therefore, it’s best to elect someone that is family or a long-time friend of the parents.

Step 2 – Discuss the Details

After deciding the caretaker, its time to discuss the limits to their powers and what their duties will be. In addition, the caretaker should be made aware when the position starts and ends. In most States, the designation cannot be made for more than one (1) year.

Step 3 – Authorize the Document

Once the terms and conditions are complete, the document is ready to be signed. This is determined by State law and usually involves the principal signing in front of a notary public. The caretaker, known as the agent, will be required to sign and may have to authorize a certification acknowledging their responsibilities.

Signing Requirements – By State

  • AL – Notary Public
  • AK – Notary Public
  • AZ – Witness & Notary Public
  • AR – Notary Public
  • CA – Notary Public or Two (2) Witnesses
  • CO – Notarization Recommended
  • CT – Two (2) Witnesses, Notarization Recommended
  • DE – Notary Public
  • FL – Notary Public and Two (2) Witnesses
  • GA – Notary Public
  • HI – Notarization Recommended
  • ID – Notarization Recommended
  • IL – One (1) Witness (for Health Care Powers)
  • IN – Notary Public
  • IA – Notary Public
  • KS – Notary Public
  • KY – Notary Public
  • LA – Two (2) Witnesses and Notary Public
  • ME
  • MD
  • MA
  • MI
  • MN
  • MS
  • MO
  • MT
  • NE
  • NV – Notary Public
  • NH – Notary Public
  • NJ – Two (2) Witnesses
  • NM – Notary Public
  • NY – Notary Public
  • NC – Notary Public
  • ND – Notarization Recommended
  • OH – Notary Public
  • OK – Notary Public
  • OR – Notarization Recommended
  • PA – Notary Public and Two (2) Witnesses
  • RI – Notary Public
  • SC
  • SD
  • TN
  • TX
  • UT
  • VT
  • VA
  • WA
  • WV
  • WI
  • WY

Step 4 – Using the Document

After signing, the agent may begin conducting their duties by presenting the completed document. While the form is valid, the agent may make decisions deemed to be in the best interest of the child and within their detailed powers. At the request of the parent and at any time, the document may be canceled by authorizing a revocation form.

Minor Power of Attorney Laws – By State

Can a Minor be Given Power of Attorney?

The short answer is no. Due to the legal requirement in most States that an agent must be at least eighteen (18) years of age a minor cannot be given power of attorney. Ultimately, this is determined by State law. If a State does not hold an age restriction to the requirement of an agent then a child may be allowed to act as the agent.

How to Write

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Step 1