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A child power of attorney is a parent's written grant of childcare authority. This page offers a fillable form, cited time limits, and signing steps. Parents use one when a grandparent, relative or friend cares for their child.
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.
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A power of attorney for a child is a signed form in which a parent, the principal, names another adult, the agent, to care for the child and make the everyday decisions the parent lists, for a limited time. The agent is also called an attorney-in-fact. Many parents choose a grandparent, another relative or a trusted friend.
Louisiana calls it a mandate of provisional custody, given in writing to any natural person (La. Rev. Stat. § 9:951). Texas calls it an authorization agreement between a parent and an adult caregiver (Tex. Fam. Code § 34.002). In the District of Columbia, a parent can create a revocable custodial power of attorney covering the care, physical custody and control of the child (D.C. Code § 21-2301).
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.
This form covers a child's care. For decisions about your own health, you need a separate medical power of attorney.
Parents sign one when they will be away or unable to care for their child, and another adult needs authority to act for the child in the meantime. Here are some common examples:
Tennessee lists hardships such as the serious illness or incarceration of a parent as reasons to delegate care of a minor child (Tenn. Code Ann. § 34-6-302(a)(1)).
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.
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.
Custody, on the other hand, is decided by a court.
In Georgia, a delegation by power of attorney does not change any parental or legal rights set by an existing court order (O.C.G.A. § 19-9-124(a)(1)). In California, a caregiver's authorization affidavit does not mean that the caregiver has legal custody of the minor (Cal. Fam. Code § 6552).
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.
Nevada lets a parent with legal custody appoint a short-term guardian for an unmarried minor child in writing, without the approval of a court (Nev. Rev. Stat. § 159A.205).
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 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 |
A grandparent power of attorney is a power of attorney for a child that names the child's grandparent as the agent, so the grandparent can handle school, medical and daily care while the child lives with them. Ohio, Georgia and Idaho have rules written for grandparents, set out below.
In Ohio, when the power of attorney is given to a grandparent with whom the child is residing, a parent, guardian or custodian can grant that grandparent any of their rights and responsibilities for the child's care, physical custody and control (Ohio Rev. Code Ann. § 3109.52). When the power of attorney is given to a grandparent with whom the child is residing, the parent and the grandparent both sign it, and the signatures must be notarized for it to be effective (Ohio Rev. Code Ann. § 3109.54).
The parent files the grandparent power of attorney with the juvenile court of the county where the grandparent lives, or with another court that already has jurisdiction over the child, no later than five days after it is created (Ohio Rev. Code Ann. § 3109.53).
The Ohio grandparent power of attorney has no fixed end date. It ends at the first of these events: the parent revokes it in writing with written notice to the grandparent and the juvenile court where it was filed, the child stops living with the grandparent, a court order ends it, the child dies, or the grandparent named as attorney in fact dies (Ohio Rev. Code Ann. § 3109.53).
In Ohio, when the power of attorney is given to a grandparent with whom the child is residing, it cannot grant authority to consent to the child's marriage or adoption (Ohio Rev. Code Ann. § 3109.52).
In Georgia, a power of attorney that delegates caregiving authority to a grandparent of a child may have an unlimited duration (O.C.G.A. § 19-9-132(a)). Otherwise, the Georgia limit is a period not to exceed one year, except as provided in Code Section 19-9-132 (O.C.G.A. § 19-9-122).
In Idaho, a delegation to a grandparent of the minor, a sibling of the minor or a sibling of either parent stays in effect until the period, date or condition for expiration set in the power of attorney, or for three years if it sets none (Idaho Code § 15-5-104). The parent can revoke it earlier in a writing delivered to the grandparent or sibling (Idaho Code § 15-5-104).
In Wisconsin, a delegation to a relative of the child may remain in effect for longer than one year (Wis. Stat. § 48.979).
Elsewhere, a grandparent signs on as agent in the same form as any other adult, within the time limits in the table below.
An educational or medical power of attorney for a child is one limited to school or health care decisions, such as enrolling the child in school or consenting to treatment. On the FormsPal form, you can grant only the school or medical powers and leave the rest out.
New York lets a parent designate a person in parental relation for school and health care purposes, under the education law and the public health law, for a period not exceeding twelve months (N.Y. Gen. Oblig. Law § 5-1551). Where a court has ordered that both parents must agree on education or health decisions, the designation is valid only if both parents consent (N.Y. Gen. Oblig. Law § 5-1551).
In California, a parent, a guardian, or a caregiver who is a relative can authorize in writing an adult caring for the child to consent to medical care, dental care, or both (Cal. Fam. Code § 6910). California also has a caregiver's authorization affidavit: a caregiver 18 years of age or older who completes items 1 to 4 and signs it can enroll the child in school and consent to school-related medical care (Cal. Fam. Code § 6550(a)).
Oregon allows a parent to delegate these powers to a school administrator for a period not exceeding 12 months (Or. Rev. Stat. § 109.056).
In Florida, a person holding a power of attorney to provide medical consent for a minor can consent to treatment when the provider, after a reasonable attempt, cannot reach a person with the power to consent and has no notice to the contrary (Fla. Stat. § 743.0645(2)(a)). This applies to a child who is not committed to or in the custody of the Department of Children and Families or the Department of Juvenile Justice (Fla. Stat. § 743.0645(2)(a)).
A Florida power of attorney executed after July 1, 2001, to provide medical consent for a minor includes the power to consent to medically necessary surgical and general anesthesia services, unless the parent excludes them (Fla. Stat. § 743.0645(2)(a)).
Our verified sources hold no Florida time limit for this document, so Florida is not in the table below.
A minor child power of attorney lasts no longer than the limit in its statute, and the shortest limits in the table are 60 days, in Massachusetts and New Hampshire (Mass. Gen. Laws ch. 190B, § 5-103; N.H. Rev. Stat. Ann. § 461-A:19-a). Washington allows a period not exceeding twenty-four months (Wash. Rev. Code § 11.130.145).
The table lists time limits our verified sources hold, with the statute behind each, and a row may leave out an exception, such as one for a parent on active duty. Places not listed are left out because those sources hold no time limit for them, not because none exists.
| STATE | TIME LIMIT AND CONDITION | STATUTE |
| Alabama | One year | Ala. Code § 26-2A-7 |
| Alaska | One year; a military parent or guardian on active duty may instead set the length of the active duty plus 30 days | Alaska Stat. § 13.26.066 |
| Arizona | Six months | Ariz. Rev. Stat. § 14-5104 |
| Arkansas | The period of deployment, only for a deploying parent who delegates custodial responsibility to an adult nonparent, if no other parent has custodial responsibility or a court order bars contact with the other parent | Ark. Code Ann. § 9-21-204 |
| Colorado | Twelve months | Colo. Rev. Stat. § 15-14-105 |
| Georgia | One year, except as provided in § 19-9-132, which includes an unlimited duration when the agent is the child's grandparent | O.C.G.A. § 19-9-122; O.C.G.A. § 19-9-132(a) |
| Hawaii | One year, with the time limit stated in the document | Haw. Rev. Stat. § 560:5-105 |
| Idaho | Six months; twelve months for military personnel serving beyond the territorial limits of the United States; to a grandparent or sibling of the minor or a sibling of either parent, until the expiration set in the document, or three years if it sets none | Idaho Code § 15-5-104 |
| Illinois | 365 days from the date a short-term guardian's appointment is effective, unless the written instrument sets a different date or event, and subject to the exceptions in subsections (e-5) and (e-10) | 755 ILCS 5/11-5.4 |
| Indiana | Twelve months, or any period during which the child's care is entrusted to an institution furnishing care, custody, education or training, except as provided in subsections (d) and (h) | Ind. Code § 29-3-9-1 |
| Kansas | One year, renewable for one additional year, for a power of attorney placing a child with a host family under the program this section sets up; a serving parent on active duty service may set a longer duration, not exceeding the term of active duty service plus 30 days | Kan. Stat. Ann. § 38-2403 |
| Kentucky | One year | Ky. Rev. Stat. § 403.352 |
| Louisiana | The term stipulated, at most one year from the date of execution (mandate of provisional custody) | La. Rev. Stat. § 9:952 |
| Maine | 12 months; for a parent or guardian in the National Guard or Reserves under an order to active duty for more than 30 days, automatically extended until 30 days after that order ends or until a court order so provides | Me. Rev. Stat. tit. 18-C, § 5-127 |
| Massachusetts | 60 days (temporary agent) | Mass. Gen. Laws ch. 190B, § 5-103 |
| Michigan | 180 days; if a parent or guardian serving in the armed forces of the United States is deployed to a foreign nation and the power of attorney so provides, until the thirty-first day after the end of the deployment | Mich. Comp. Laws § 700.5103 |
| Minnesota | One year | Minn. Stat. § 524.5-211 |
| Missouri | One year, except as provided in subsection 7; a new power of attorney for each additional year the delegation lasts | Mo. Rev. Stat. § 475.602 |
| Montana | 6 months | Mont. Code Ann. § 72-5-103 |
| Nebraska | Six months | Neb. Rev. Stat. § 30-2604 |
| Nevada | 6 months for a short-term guardian, unless the written instrument sets a shorter term or an earlier ending event | Nev. Rev. Stat. § 159A.205 |
| New Hampshire | 60 days (temporary agent) | N.H. Rev. Stat. Ann. § 461-A:19-a |
| New Jersey | One year from the effective date; the parent, custodian or guardian may renew for additional one-year periods by the same process | N.J.S.A. 3B:12-39 |
| New Mexico | Six months, by an acknowledged power of attorney | N.M. Stat. Ann. § 45-5-104 |
| New York | Twelve months (person in parental relation) | N.Y. Gen. Oblig. Law § 5-1551 |
| North Dakota | Six months | N.D.C.C. § 30.1-26-04 |
| Ohio | No fixed term for a grandparent the child lives with; it ends at the first of the events listed in the statute | Ohio Rev. Code Ann. § 3109.53 |
| Oklahoma | One year; a new power of attorney for each additional year the delegation lasts | Okla. Stat. tit. 10, § 701; Okla. Stat. tit. 10, § 700 |
| Oregon | Six months; 12 months to a school administrator; for a servicemember parent, the term of active duty service plus 30 days | Or. Rev. Stat. § 109.056 |
| Texas | Six months, renewing automatically for six-month terms unless an earlier expiration date is stated, the agreement is terminated under Section 34.008, or a court authorizes its continuation under Section 34.008(b) | Tex. Fam. Code § 34.0075 |
| Utah | Six months | Utah Code § 75-5-103 |
| Virginia | 180 days; a parent or legal custodian who is a service member may delegate for longer while on active duty service of more than 180 days, not exceeding the term of active duty service plus 30 days | Va. Code Ann. § 20-166 |
| Washington | Twenty-four months | Wash. Rev. Code § 11.130.145 |
| West Virginia | One year | W. Va. Code § 49-8-3 |
| Wisconsin | One year; longer if the delegation is to a relative of the child or the court approves it | Wis. Stat. § 48.979 |
The document does not hand over every parental power: many statutes keep the power to consent to the child's marriage or adoption with the parent, as in Alabama, Arizona and Colorado (Ala. Code § 26-2A-7; Ariz. Rev. Stat. § 14-5104; Colo. Rev. Stat. § 15-14-105). Some exclude more decisions, as this table shows.
| WHAT THE AGENT CANNOT DO | STATUTE |
| Consent to the child's marriage or adoption | Ala. Code § 26-2A-7; Ariz. Rev. Stat. § 14-5104; Colo. Rev. Stat. § 15-14-105; Utah Code § 75-5-103; D.C. Code § 21-2301 |
| Consent to the adoption of a minor ward or to release of a minor ward for adoption | Mich. Comp. Laws § 700.5103 |
| Consent to marriage or adoption, an abortion, or the termination of parental rights | Alaska Stat. § 13.26.066; O.C.G.A. § 19-9-124(a)(1); Mo. Rev. Stat. § 475.602; Va. Code Ann. § 20-166 |
| Consent to marriage, an abortion, or the termination of parental rights | Ky. Rev. Stat. § 403.352 |
| Consent to marriage, adoption or the termination of parental rights | Me. Rev. Stat. tit. 18-C, § 5-127 |
| Consent to marriage or adoption, an abortion, the termination of parental rights, or enlistment in the U.S. armed forces | Wis. Stat. § 48.979 |
| Authorize an abortion or emergency contraception | Tex. Fam. Code § 34.002 |
On the FormsPal form you can add limits of your own, such as no consent to non-emergency surgery.
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. You can make a child power of attorney without going to court.
| STATE | SIGNING OR FILING RULE | STATUTE |
| Tennessee | Signed by the parent and acknowledged before a notary public or two witnesses, who sign and date their signatures concurrently and in each other's presence | Tenn. Code Ann. § 34-6-302(b) |
| Illinois | A short-term guardian's appointment is signed by, or at the direction of, the appointing parent in the presence of at least 2 credible witnesses at least 18 years of age, neither of them the person appointed; the person appointed also signs the written instrument, but need not sign at the same time as the appointing parent | 755 ILCS 5/11-5.4 |
| New Mexico | An acknowledged power of attorney | N.M. Stat. Ann. § 45-5-104 |
| Ohio | When the power of attorney is given to a grandparent with whom the child is residing: signed by the parent and the grandparent, with the signatures notarized for it to be effective, and filed with the juvenile court no later than five days after it is created | Ohio Rev. Code Ann. § 3109.54; Ohio Rev. Code Ann. § 3109.53 |
| Georgia | Signed under oath and acknowledged before a notary public by the individual executing it and by the agent; the agent acknowledges acceptance in writing; a copy is filed in the probate court of the county where the child resides within ten days of signing | O.C.G.A. § 19-9-129(a)(1); O.C.G.A. § 19-9-124(c); O.C.G.A. § 19-9-129(a)(2) |
| Virginia | Signed by all persons with authority to make decisions about the child and by the agent; both parents sign when they exercise joint custody | Va. Code Ann. § 20-166 |
| Wisconsin | Executed by all parents who have legal custody of the child | Wis. Stat. § 48.979 |
| Michigan | When a guardian delegates, the guardian notifies the court within 7 days after execution, with the agent's name, address and telephone number | Mich. Comp. Laws § 700.5103 |
| Massachusetts | A writing signed by, or at the direction of, the parent or guardian, attested by at least 2 witnesses 18 years of age or older, neither of them the temporary agent, together with the temporary agent's written acceptance | Mass. Gen. Laws ch. 190B, § 5-103 |
| New Hampshire | A writing signed by, or at the direction of, the parent or guardian, attested by at least 2 witnesses 18 years of age or older, neither of them the temporary agent, together with the temporary agent's written acceptance | N.H. Rev. Stat. Ann. § 461-A:19-a |
| Nevada | A short-term guardian's appointment carries the signature of the parent and the guardian in the presence of a notary public acknowledging the appointment | Nev. Rev. Stat. § 159A.205 |
| Idaho | For a delegation to a grandparent or sibling of the minor or a sibling of either parent: does not need to be notarized or recorded to be valid; if the power is recorded, a written revocation must also be recorded before the revocation is effective | Idaho Code § 15-5-104 |
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
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. In Tennessee, the power of attorney for care of a minor child is on a form provided by the department of children's services (Tenn. Code Ann. § 34-6-302(a)(1)).
Step 2: Decide On Your Agent
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.
Georgia requires an agent who is an adult and resides in Georgia (O.C.G.A. § 19-9-122), and Tennessee allows any adult person residing in Tennessee when hardship prevents the parent or parents from caring for the child (Tenn. Code Ann. § 34-6-302(a)(1)).
A Georgia agent certifies that they are not currently on Georgia's sexual offender registry or the sexual offender registry or child abuse registry of any other state (O.C.G.A. § 19-9-124(d)). The individual executing a Georgia power of attorney must require a prospective agent to provide a criminal background check if the agent is a nonrelative (O.C.G.A. § 19-9-124(e)). In Kentucky, when a parent or legal guardian delegates to someone other than a grandparent, aunt, uncle or adult sibling of the child, a full criminal history and child abuse and neglect background check is conducted on that person before the power of attorney is executed (Ky. Rev. Stat. § 403.352(10)).
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
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. The powers you cannot give the agent are listed above.
Step 4: Sign the POA
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 FormsPal child power of attorney names the parent, the child, and the agent, and 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. Hawaii requires the time limit to be expressly stated in the document (Haw. Rev. Stat. § 560:5-105).
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. In Texas, only one authorization agreement may be in effect for a child at any time (Tex. Fam. Code § 34.002).
Step 3: Customize Rights and Responsibilities
Choose the powers you want the agent to have. Parents commonly grant these:
Where no form is prescribed, 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. When the power of attorney is given to a grandparent with whom the child is residing, Ohio requires a form identical in form and content to the one in its statute, so it cannot be edited this way (Ohio Rev. Code Ann. § 3109.53). Alaska calls for a power of attorney substantially in the form provided in its statute (Alaska Stat. § 13.26.066), and a New York designation must be in the form prescribed by section 5-1552 (N.Y. Gen. Oblig. Law § 5-1551). 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.
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.
After signing, take care of filing and copies:
A parent can revoke the document at any time under the Alaska, Kentucky and Missouri statutes, among others (Alaska Stat. § 13.26.066; Ky. Rev. Stat. § 403.352; Mo. Rev. Stat. § 475.602). Several ask for the revocation in writing:
Illinois lets the appointing parent revoke a short-term guardian's appointment at any time and in any manner communicated to the short-term guardian or to any other person (755 ILCS 5/11-5.4).
After a revocation, the child goes back to the parent within 48 hours in Georgia (O.C.G.A. § 19-9-130(a)(2)) and within forty-eight hours in West Virginia (W. Va. Code § 49-8-3). Tell the school and the doctor once you revoke.
A parent fills out and signs the form; Georgia, Nevada and Tennessee let a parent delegate this authority without the approval of a court (O.C.G.A. § 19-9-124(a)(1); Nev. Rev. Stat. § 159A.205; Tenn. Code Ann. § 34-6-302(a)(1)). A lawyer can help if your arrangement is unusual, such as granting many powers or limiting them in a non-standard way.
It depends on where you live: Tennessee accepts a notary public or two witnesses (Tenn. Code Ann. § 34-6-302(b)), and New Mexico calls for an acknowledged power of attorney (N.M. Stat. Ann. § 45-5-104). The signing table lists more examples our sources hold, not every rule.
The child's parent fills out the form naming you, or another adult, as the agent, and signs it as described in the steps above.
A child power of attorney is not a court custody order, but some statutes let a parent delegate custody powers for a limited time: Colorado covers any power regarding care, custody or property of the minor, for a period not exceeding twelve months, except the power to consent to marriage or adoption (Colo. Rev. Stat. § 15-14-105). Louisiana lets a person having parental authority delegate the provisional custody of the child by written mandate to any natural person (La. Rev. Stat. § 9:951). California's caregiver's authorization affidavit is a separate document, not a power of attorney: it does not affect the parents' rights regarding the care, custody and control of the minor, and does not mean that the caregiver has legal custody (Cal. Fam. Code § 6552).
Sometimes: Massachusetts requires the other parent's written consent when that parent's whereabouts are known and that parent is willing and able to care for the child (Mass. Gen. Laws ch. 190B, § 5-103). Illinois bars a short-term guardian's appointment when the minor has another living parent whose parental rights have not been terminated, whose whereabouts are known, and who is willing and able to make and carry out day-to-day child care decisions, unless that parent signs the written instrument (755 ILCS 5/11-5.4). Nevada, among the conditions in its statute, bars the appointment when the other parent is willing and able to make and carry out daily child care decisions, unless the other parent provides written consent (Nev. Rev. Stat. § 159A.205). A Nevada appointment is effective for a minor 14 years of age or older only if the minor provides written consent (Nev. Rev. Stat. § 159A.205).
Not in Texas, where only one authorization agreement may be in effect for a child at any time (Tex. Fam. Code § 34.002). Nevada allows only one written instrument appointing a short-term guardian for the minor child at any given time (Nev. Rev. Stat. § 159A.205).
Texas renews an authorization agreement automatically for six-month terms unless an earlier expiration date is stated, it is terminated under Section 34.008, or a court authorizes its continuation under Section 34.008(b) (Tex. Fam. Code § 34.0075). New Jersey lets the parent renew for additional one-year periods by the same process (N.J.S.A. 3B:12-39). Missouri, except as provided in subsection 7, and Oklahoma ask for a new power of attorney for each additional year (Mo. Rev. Stat. § 475.602; Okla. Stat. tit. 10, § 700).
General information, not legal or tax advice.
