Massachusetts Minor Child Power of Attorney Form

The Massachusetts minor child power of attorney allows parents or legal guardians to delegate parental authority to another adult. This delegated authority can cover various aspects of the child’s life, such as medical decisions, educational matters, and general care, for a specific period.

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The power of attorney form for a minor child is typically used when parents or guardians cannot care for their child for a short period due to travel, illness, military deployment, or other circumstances. In Massachusetts, this document is officially known as the “caregiver authorization affidavit,” offering essentially the same provisions specified in M.G.L. c. 201F:

  • The affidavit grants the caregiver the authority to make decisions about the child’s education and health care. However, it does not provide legal custody.
  • To execute this affidavit, the caregiver must be an adult and cannot be the child’s parent. The child must be living with the caregiver, although the parents do not need to be deceased or legally incompetent.
  • The caregiver does not have the authority to consent to the marriage or adoption of the child, nor major medical treatments like surgery unless specifically allowed by a court or emergency medical conditions apply.

M.G.L. c. 201F, § 5 states that the caregiver authorization affidavit may remain effective for up to two years and is subject to reauthorization. The authorizing party may renew, modify, or cancel the affidavit by providing written notice to the caregiver.

If you need to appoint an agent for certain parental responsibilities, you can draft a caregiver authorization affidavit or check all Massachusetts POA forms on our site.

Massachusetts Minor Child Power of Attorney Form Details

Document Name Massachusetts Minor Child Power of Attorney Form
Other Name Form MPC-140
Relevant Laws Massachusetts General Laws, Chapter 201F
Duration Two Years
Avg. Time to Fill Out 15 minutes
# of Fillable Fields 35
Available Formats Adobe PDF

Filling Out Massachusetts Minor Child POA Form

When completing the Massachusetts child power of attorney or caregiver authorization affidavit (Form MPC-140), you must ensure all entries are accurate. Here’s a step-by-step guide to completing this form correctly.

1. Enter Authorizing Party Details

Start by providing the authorizing party’s full name and residential address, which could be a parent or legal guardian. Then, select the appropriate status (parent, legal guardian, or legal custodian) to indicate your legal relationship to the minor child.

2. Designate the Caregiver

Specify the name and address of the designated caregiver. This individual will receive the right to decide on the child’s education and health care, as outlined in the affidavit.

3. List Minor Children

Detail each child’s names and dates of birth covered by the affidavit. Ensure all information is legible and accurate to prevent any issues with identification of the minors.

4. Specify Prohibited Acts

If there are specific decisions or actions you do not want the caregiver to be able to make or perform, list these clearly in the provided space. This could include major medical decisions or other significant actions not covered by the affidavit.

5. Confirm Legal Statements

Read and confirm several legal statements regarding the legality and intent of the affidavit. These include confirming that no court orders conflict with this affidavit and that it is not being used to circumvent laws or for improper purposes.

6. Determine Duration

Indicate the expiration date of the affidavit, which cannot exceed two years from the signing date. This helps manage and renew the agreement as needed.

7. Authorizing Party Signature

The authorizing party must sign the affidavit in the presence of two witnesses who are over 18 and not the designated caregiver. All signatures must be dated.

8. Witness Confirmation

Both witnesses must sign and provide their names, addresses, and telephone numbers to verify the authenticity of the authorizing party’s signature.

9. Notarization

Take the document to a notary public to have the authorizing party’s signature notarized. This adds legal verification to the affidavit, confirming the signer’s identity and the truthfulness of the information provided.

10. Caregiver Acknowledgment

Finally, the caregiver must acknowledge their understanding of the rights and responsibilities being granted to them. They must affirm their relationship to the child, confirm they are at least 18 years old, and sign the affidavit, including their contact details and the date.

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Create a high-quality Massachusetts Minor Child Power of Attorney Form online now!
Published: Jul 6, 2024