Free Child Power of Attorney Form

A child power of attorney is a signed document that gives another adult, the agent, temporary authority over a child's care and everyday decisions, without going to court. A parent, or the child's guardian, signs it. The parent keeps parental rights and can revoke it. It is like the power of attorney form you might sign for yourself, but it covers a child's care, not your money.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

Minor child power of attorney form

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What Is a Power of Attorney for a Child?

A power of attorney for a child is a form that temporarily hands part of a parent's authority to another adult. The parent, called the principal, names an agent, also called an attorney-in-fact. Many parents choose a relative or a trusted friend. Some states limit who may serve, for example by residency, or by requiring a background check for someone who is not a close relative.

States use different names for this document, such as short-term guardianship, provisional custody by mandate, authorization agreement, delegation of parental powers, temporary agent, or grandparent power of attorney. Your state's form may use one of these names.

These forms give the agent child care authority, which you can tailor to your circumstances. Parents commonly grant the power to make medical decisions, enroll the child in school, meet with teachers, and access school records. In many states the agent cannot consent to the child's marriage or adoption, and some states exclude other decisions too.

This form covers a child's care. For decisions about your own health, you need a separate medical power of attorney.

There are plenty of situations where it might be helpful to have a child power of attorney. Here are some common examples:

  • Emergency contact in case parents cannot be reached
  • Parent is deployed for military service overseas (several states allow a longer term for a parent on active duty)
  • International travel without the child
  • Parents are ill or will be in the hospital for an extended time frame
  • Parents are incarcerated
  • Any other reason the parents may be incapacitated or unable to be contacted

A school, camp, or travel provider may ask for one if you cannot go with your child. The document lets you send someone else in your place, so the child always has an adult who can make health care decisions.

A child power of attorney is different from guardianship or a transfer of custody. The parent keeps parental rights and can revoke the document. In some states it also has these limits:

  • It does not override an existing court order about the child
  • It cannot be used to give up parental responsibility for good

These forms are temporary. Many states cap how long the document can last, usually at six months or one year, and a few allow less or more. To keep the arrangement going, sign a new one before it ends, or renew it if your state allows. At least one state renews it automatically.

Child POA vs. Custody

Custody and a child power of attorney can sound alike, but they are not the same. A child power of attorney lets the agent make decisions for the child's welfare for a limited time. The parent keeps parental rights, and the agent does not take them over.

You can make a child power of attorney without going to court. How it must be signed depends on the state: a notary, two witnesses, either one, or neither. A few states also want it filed with a court or an agency.

Custody, on the other hand, is decided by a court. In a divorce, for example, one parent may be awarded full custody or both parents may share it.

A court order decides custody and stays in place until a court changes it. A child power of attorney is temporary and covers only what the parent grants. Custody usually carries the full set of parental rights, while the agent holds only the powers in the document.

Child POA vs. Guardianship

Guardianship is set up by a court, unlike a power of attorney for a child, which a parent creates. Both can be used when a parent cannot care for the child, but they work differently.

A parent's power of attorney is limited to the powers the parent grants. A court-appointed guardian's powers come from the court order. In some states, a parent can name a short-term guardian in writing, without a court, for a limited time.

A guardian usually takes on the child's day-to-day care and answers to the court. An agent may or may not do so, depending on what the parent grants. In some states, a court-appointed guardian can in turn delegate some powers by power of attorney.

Child POA vs. Conservatorship

Conservatorship is about money, while a child power of attorney covers the child's care and everyday decisions.

A court may appoint a conservator (the name varies) to manage money or property a child receives, such as an inheritance or an injury settlement. A child power of attorney is not meant for managing large sums. A conservatorship generally ends when the child becomes an adult.

Who Creates It? What Does It Do? How Long Does It Last?
Child Power of Attorney A parent or guardian, without going to court Lets another adult care for the child and make the decisions the parent grants, with some excluded Temporary. Where a state sets a limit, it is usually six months or one year. To continue, sign a new one or renew it if your state allows
Custody The Courts Decides who has the child's care and decision-making Until a court changes the order
Guardianship Usually a court Gives the guardian parental authority over the child Generally until the court ends it or the child becomes an adult
Conservatorship The Courts Grants the power to manage a minor's finances Until the court ends it, generally when the child becomes an adult

Minor Child Power of Attorney Time Limits by State

This table shows the longest a parent's power of attorney for a child can last in each state, with the statute behind it. Some states allow longer for a parent on active military duty or for relatives, and some require a new document to continue. A dash or N/A means no verified limit is listed, not that none exists. Laws change, so check your state's page first.

STATES TIME LIMITS STATE LAW
Alabama One Year Alabama Code, Section 26-2A-7
Alaska One Year Alaska Statutes, Section 13.26.066
Arizona Six Months Arizona Revised Statutes, Sections 14-5104 and 14-5107
Arkansas – Arkansas Annotated Code, Section 28-68-213
California – California Family Code, Sections 6550 to 6552 and 6910
Colorado One Year Colorado Revised Statutes, Section 15-14-105
Connecticut One Year Connecticut General Statutes, Sections 45a-624 to 45a-624g
Delaware – Delaware Code, Title 13, Sections 2320-2328
Florida – Florida Statutes, Section 744.3021
Georgia One Year Georgia Code, Sections 19-9-120 to 19-9-129
Hawaii One Year Hawaii Revised Statutes, Section 560:5-105
Idaho Six Months Idaho Statutes, Section 15-5-104
Illinois 365 Days Illinois Compiled Statutes, Chapter 755, Section 5/11-5.4
Indiana One Year Indiana Code, Section 29-3-9-1
Iowa N/A No Statute
Kansas One Year Kansas Statute, Section 38-2403
Kentucky One Year Kentucky Revised Statutes, Section 403.352
Louisiana One Year Louisiana Revised Statutes, Sections 9:951 and 9:952
Maine One Year Maine Probate Code, Title 18-C, Section 5-127
Maryland 180 Days Maryland Annotated Code, Estates and Trusts, Section 13-904
Massachusetts 60 Days Massachusetts General Laws, Chapter 190B, Section 5-103
Michigan 180 Days Michigan Compiled Laws, Section 700.5103
Minnesota One Year Minnesota Statutes, Section 524.5-211
Mississippi N/A No Statute
Missouri One Year Missouri Revised Statutes, Section 475.602
Montana Six Months Montana Annotated Code, Section 72-5-103
Nebraska Six Months Nebraska Revised Statutes, Section 30-2604
Nevada Six Months Nevada Revised Statutes, Section 159A.205
New Hampshire 60 Days New Hampshire Revised Statutes, Section 461-A:19-a
New Jersey One Year New Jersey Statutes, Section 3B:12-39
New Mexico Six Months New Mexico Annotated Statutes, Section 45-5-104
New York One Year New York General Obligations Law, Section 5-1551
North Carolina – North Carolina General Statutes, Sections 32A-28 to 32A-34
North Dakota Six Months North Dakota Century Code, Section 30.1-26-04
Ohio No Fixed Term (Grandparent Form) Ohio Revised Code, Sections 3109.52-3109.61
Oklahoma One Year Oklahoma Statutes, Sections 10-700 and 10-701
Oregon Six Months Oregon Revised Statutes, Section 109.056
Pennsylvania N/A No Statute
Rhode Island N/A No Statute
South Carolina N/A No Statute
South Dakota N/A No Statute
Tennessee No Statutory Limit Tennessee Code Annotated, Sections 34-6-301 to 34-6-310
Texas Six Months, Renews Automatically Texas Family Code, Sections 34.002 and 34.0075
Utah Six Months Utah Code, Section 75-5-103
Vermont N/A No Statute
Virginia 180 Days Virginia Code, Section 20-166
Washington 24 Months Revised Code of Washington, Section 11.130.145
West Virginia One Year West Virginia Code, Section 49-8-3
Wisconsin One Year Wisconsin Statutes and Annotations, Section 48.979
Wyoming N/A No Statute
Many states cap how long this document lasts. Note the end date, and sign a new one before it runs out if the arrangement must continue.

Steps to Getting a Child POA

To get a child power of attorney, choose your agent, decide which powers to grant and for how long, and check whether your state has its own form. Many states cap the term. Then sign the document the way your state requires. Give copies to the agent, the school, and the doctor.

Step 1: Find a Form or Get a Custom Power of Attorney Form for a Child

step 1 finding a form or getting a custom power of attorney form for a child getting a child power of attorney form

Find a form made for a child, and check your state's page in the list above first. Several states require their own form, or one substantially like it. A lawyer can help if your arrangement is unusual, such as granting many powers or limiting them in a non-standard way.

Step 2: Decide On Your Agent

step 2 picking your agent getting a child power of attorney form

Choose an agent who is willing and able to care for your child. Someone who is a parent too may know better what a child needs.

A close family member or a godparent can also be a good choice to name as your agent. Some states limit who may serve, and a few require a background check on an agent who is not a close relative.

Talk with your agent about the kind of care you would like for your child, the powers you are granting, and how long the document will last. Tell your child, too, who the agent is and who to contact in an emergency.

Step 3: Customize the Powers Granted

step 3 customizing the powers granted getting a child power of attorney form

FormsPal's form is made for a child. Choose the powers you want to grant, and write in any limits. Grant only the authority your agent needs.

Some powers a parent often cannot hand over:

  • Consent to the child's marriage, which the agent cannot give in many states
  • Consent to the child's adoption, which the agent cannot give in many states
  • Other decisions that some states also exclude, so check your state's page

Step 4: Sign the POA

step 4 signing the poa getting a child power of attorney form

The last step is to sign the document. Signing rules differ by state, so check your state's page first. States may ask for some of these:

  • The parent signs, and in some states every parent with legal custody must sign or consent
  • In some states, the agent signs or accepts in writing
  • Depending on the state, a notary, two adult witnesses who are not the agent, either one, or neither
  • The date, and a statement of when the document ends
  • Filing with a court or an agency, which a few states want
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How to Fill Out a Power of Attorney for a Child

The FormsPal child power of attorney names the parent, the child, and the agent. It also sets out the powers you grant and the dates the document starts and ends. Some states require their own form, so check your state's page before you fill this one out. The four steps below cover each part.

Step 1: Personal Information

The personal information section is a little different for a child. You list your own name and information, the child's name, your relationship, and the agent's personal information.

You will need the street address for yourself, the child, and the agent. You may also add contact information.

Add the dates the document starts and ends. Some states want the end date stated in the document.

child power of attorney powers of the agent

Step 2: Alternate Agents

Use the alternate agent section to name a backup. The backup gets authority if the primary agent cannot be reached or chooses not to act.

You do not have to name an alternate agent. If you want a backup, name one in this same document rather than signing a second form. Some states allow only one such document to be in effect at a time.

child power of attorney alternate agent

Step 3: Customize Rights and Responsibilities

Choose the powers you want the agent to have. Parents commonly grant these:

  • Medical care, such as consenting to treatment
  • School matters, such as enrollment, contact with teachers, and access to school records
  • Travel with or without the parent
  • Daily care, such as meals, activities, and routine decisions

You can add powers or remove them by editing the form before you sign, or by crossing out any option you do not want to grant. You may want to limit the medical options you grant. For instance, you may let the agent approve hospital admission or emergency surgery, but not decide other matters.

Once signed, the document changes only if you revoke it and sign a new one. In many states the parent can revoke at any time, and several want it in writing, delivered to the agent. Tell the school and the doctor if you do.

child power of attorney agent powers

child power of attorney powers

Step 4: Sign It the Way Your State Requires

Sign the document the way your state requires. Depending on the state, that means a notary, two witnesses, either one, or neither. Following your state's signing rules helps the school, the doctor, and others accept the document.

child power of attorney notary acknowledgement

After signing, take care of filing and copies:

  • A few states want the document filed with a court or a social services office soon after signing, so check your state's page
  • Give copies to the agent, the school, and the doctor
  • Keep the original in a safe place

General information, not legal or tax advice.

Published: Jul 15, 2022
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.