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A California minor power of attorney temporarily delegates a child's care. The form names a short-term guardian, lists each child, and sets when the authority starts and ends. Parents need it before a long absence, especially travel, hospital care or military deployment.
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A California minor child power of attorney is a signed document in which a parent names a trusted adult to look after their child while the parent is away. The parent who signs it is the principal. The short-term guardian acts for the parent as the attorney-in-fact.
The form covers one or more children, each named with a full name and date of birth. It names one short-term guardian and, if the parent wants, a second one. Its terms also nominate the short-term guardians as guardians of the children and list the powers they receive. A nomination names the person the parent prefers as guardian; it does not by itself make that person the children's guardian.
The form is one of several California power of attorney forms. For other purposes, such as finances, see the forms by type.
A temporary power of attorney for a child covers a planned absence of the parent, and the form asks for no reason. The parent picks the start and the end, so the authority lasts only as long as the absence.
Common reasons parents use one include:
The form also offers a start upon the deaths, incapacity or absence of all parents or guardians listed on it. A start on the parent's own incapacity works only if the form carries springing words like those of Cal. Prob. Code § 4124: "This power of attorney shall become effective upon the incapacity of the principal." The authority of an attorney-in-fact under a power of attorney ends at the death of the principal, except as to specific authority permitted by statute to be exercised after the principal's death (Cal. Prob. Code § 4152). The deaths option therefore cannot start or carry the short-term guardian's authority past a parent's death.
| Document Name | California Minor Child Power of Attorney Form |
| Other Name | California Parental Power of Attorney |
| Relevant Laws | Cal. Prob. Code §§ 4121, 4151 and 4152 (general power of attorney rules, where they reach the form) |
| Duration | Set by the parent on the form |
| Avg. Time to Fill Out | 15 minutes |
| # of Fillable Fields | 86 |
| Available Formats | Adobe PDF |
The form grants the powers on its printed powers list to the short-term guardian. The parent removes any listed power by crossing it out and initialing it, as the form says. Every power left in place stays with the guardian until the form ends.
The child details on the form help the guardian use those powers well. Parents can attach a sheet with each child's needs, school contacts, behavior issues, food preferences and medical treatment preferences.
Cal. Fam. Code § 6910 lets a parent or guardian authorize in writing an adult into whose care a minor has been entrusted to consent to medical care or dental care, or both, for the minor. The form's HIPAA paragraph lets the parent write limits or conditions on health information, or check None. Give the short-term guardian the child's health insurance card and the names of the child's doctors.
The travel section sets where the guardian may take the children: within a mile radius, within a named city or county, to other places the parent lists, or anywhere. A parent who leaves the section blank leaves travel unrestricted.
The foster care box sits at the end of the sentence about child protective custody or foster care in the form's terms. Read that whole sentence before you check the box, and leave it blank if the wording does not fit your family.
The California minor child form is filled in part by part, from the parent details at the top to the notary section at the end. Gather the names, addresses and dates of birth first, and fill in the form in one sitting.
The screenshots under each step show the FormsPal California Minor Child Power of Attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Where that law reaches the form, the form follows the general California signing formalities for a power of attorney: it is dated, signed, and either acknowledged before a notary public or signed by at least two witnesses who satisfy Section 4122 (Cal. Prob. Code § 4121). The signature comes from the principal, or from another adult who signs in the principal's name, in the principal's presence and at the principal's direction (Cal. Prob. Code § 4121).
Cal. Prob. Code § 4121 is one of the Probate Code's general power of attorney rules, and this page applies it to the form only where that law reaches the form. The form ends with a notary acknowledgment, which serves the notary option of Cal. Prob. Code § 4121. Who may sign as a witness under the other option is set by Section 4122, which Cal. Prob. Code § 4121 points to.
The form starts and ends on the dates or events the parent checks on the form. It starts immediately, on a date the parent enters, or on a triggering event, and it ends at the earlier of the end options the parent picks.
Where the Probate Code's power of attorney law reaches the form, a power of attorney can be revoked by a writing, and its own terms cannot limit that right (Cal. Prob. Code § 4151). The principal may also revoke it in accordance with the terms of the power of attorney (Cal. Prob. Code § 4151). An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 of the Probate Code, which begins at Section 4300 (Cal. Prob. Code § 4151).
Where that same law reaches the form, the authority of an attorney-in-fact under a power of attorney ends on any of the events listed in Cal. Prob. Code § 4152:
An attorney-in-fact or third person who does not have notice of an event that ends the power of attorney is protected from liability as provided in Chapter 5 of the Probate Code (Cal. Prob. Code § 4152).
The minor child form differs from the caregiver's authorization affidavit, a separate form that a caregiver signs under Cal. Fam. Code § 6550(a). A parent signs the form to hand over authority, while the affidavit is a caregiver's own sworn statement.
| Point | Minor child form | Caregiver's authorization affidavit |
|---|---|---|
| Who signs | The parent or guardian; each short-term guardian signs a consent | The caregiver (Cal. Fam. Code § 6550(a)) |
| Notary | General power of attorney formality, where that law reaches the form: acknowledged before a notary public or signed by at least two witnesses who satisfy Section 4122 (Cal. Prob. Code § 4121) | This form is not required to be notarized (Cal. Fam. Code § 6552) |
| What it covers | The powers left on the form's powers list, travel and health information | School enrollment and school-related medical care, for a caregiver 18 years of age or older who completes items 1 to 4 (Cal. Fam. Code § 6550(a)) |
| Custody | No custody rule for this form in the page's sources; where the general power of attorney law reaches the form, the parent may revoke it by a writing (Cal. Prob. Code § 4151) | Does not mean that the caregiver has legal custody of the minor (Cal. Fam. Code § 6552) |
| When it stops | Where the general power of attorney law reaches the form: revocation by a writing (Cal. Prob. Code § 4151) or an event in Cal. Prob. Code § 4152 | Invalid after the school, health care provider or health care service plan receives notice that the minor no longer lives with the caregiver (Cal. Fam. Code § 6550(f)) |
A caregiver who is a relative and who completes items 1 to 8 of the affidavit and signs it has the same rights to authorize medical care and dental care that guardians have under Section 2353 of the Probate Code (Cal. Fam. Code § 6550(a)). A parent's contrary decision on medical or dental care supersedes the caregiver's decision, provided the parent's decision does not jeopardize the life, health or safety of the minor (Cal. Fam. Code § 6550(b)). The affidavit ends with a declaration under penalty of perjury under the laws of the State of California (Cal. Fam. Code § 6552).
The most common slips on the form are wrong names, wrong dates and blank options. Read the finished pages with the other parent or guardian and compare every name, address and date with the originals before you print the form for signing.
The details table on this page lists an average of 15 minutes and 86 fillable fields. Gather the names, addresses and dates of birth first, so you can fill in the form in one sitting.
Have these ready, so the form goes quickly:
Yes, the form has a second guardian line, marked optional. Fill it in only if you want a second person to share the care.
Yes, an older child can sign the nomination of guardians. The same block also has an optional box for children 14 or older to sign the nomination.
The answer depends on the form's wording: Cal. Prob. Code § 4124 gives the words a durable power of attorney uses, "This power of attorney shall not be affected by subsequent incapacity of the principal." Read the form's terms for words to that effect before you sign.
The parent keeps the original and gives a signed copy to each short-term guardian. Give a copy to the child's school and doctors too, so they can see who may act for the child.
General information, not legal or tax advice.
