New Jersey Minor Child Power of Attorney Form

A New Jersey minor child power of attorney is a written document in which a parent, custodian or guardian delegates some of their authority over a child to another person. That person is the attorney-in-fact, also called the agent. N.J.S.A. 3B:12-39 sets the New Jersey power of attorney requirements for a minor child. The FormsPal template also states that signing does not give up parental rights. Under N.J.S.A. 3B:12-39(e), the parent, custodian or guardian exercises their powers over the child, insofar as they are able, concurrently with the attorney-in-fact named in the power of attorney.[3]

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 If you notice an error or outdated information, please contact us.

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New Jersey Power of Attorney Requirements for a Minor Child

One statute, N.J.S.A. 3B:12-39, governs a minor child power of attorney in New Jersey. It sets what a parent, custodian or guardian can delegate, how long the delegation lasts and how it ends.

  • Scope: only the powers that the parent, custodian or guardian holds can be delegated.[1]
  • Length: a delegation lasts one year from its effective date, and it can be renewed.[2] It may also be extended for an additional six months in exigent circumstances.[3]
  • Revocation: the parent, custodian or guardian can revoke the delegation by notifying the attorney-in-fact.[1]

The statute sets the limit on what can be delegated in these words:

A parent, custodian, or guardian may delegate under this section only such powers as the parent, custodian, or guardian possesses.

N.J.S. 3B:12-39(d)

In plain words, the agent can never receive more authority than the parent, custodian or guardian has.

Also searched as a temporary guardianship form. Many people look for this document as a temporary guardianship form or a power of attorney form for a child. Page 1 of the template asks whether the signer is a parent, a court-appointed guardian or a court-appointed conservator.

For other documents, browse all New Jersey POA forms or every power of attorney form by state.

New Jersey Minor Child Power of Attorney Form Details

Document Name New Jersey Minor Child Power of Attorney Form
Other Name New Jersey Temporary Guardianship Form
Relevant Laws New Jersey Revised Statutes, Section 3B:12-39
Duration Up to one year, renewable[2]
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 44
Available Formats Adobe PDF
Pages 3, including a notary acknowledgment

Filling Out the New Jersey Minor Child Power of Attorney Form

The FormsPal New Jersey minor child power of attorney template is three pages long. Page 1 names the parent, guardian or conservator, the child and the agent. Page 2 covers the powers, dates and signatures, and page 3 is a notary acknowledgment. Print the PDF or fill it in on screen with our PDF editor.

The screenshots under each step show the FormsPal New Jersey 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.

  1. Parent, guardian or conservator and the child. Enter your name and address. Mark whether you are the parent, a court-appointed guardian or a court-appointed conservator. Then add the child's name, date of birth and address.
    New Jersey minor child power of attorney: BEHALF OF MINOR CHILD, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Second parent and the agent. If a second parent, guardian or conservator also signs, complete the additional statement with the same details. Then enter the agent's name and address. The agent is the person who will act for the child. Under N.J.S.A. 3B:12-39, a parent delegates with the consent of the other parent, unless the other parent is deceased, incapacitated, or unavailable.[3] That consent is the other parent's written consent, shown by the other parent's signature on the power of attorney in the presence of two witnesses.[3]
    New Jersey minor child power of attorney: Name, Currently residing at and more, filled with sample entries
    Step 2: sample entries, not a real document.
  3. Powers and successor agent. On page 2, choose option 1 to give all authority that may be delegated, or option 2 and write the limited authority on the lines. Then name a successor attorney-in-fact, who steps in if the first agent is unable or unwilling to serve.
    New Jersey minor child power of attorney: Agent's name, Alternate agent’s name and more, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Effective date. Enter the date the power of attorney takes effect and the date it ends.
    New Jersey minor child power of attorney: EFFECTIVE DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Parental rights statement and signatures. Read the statement that you do not intend to give up your parental rights over the child. Then fill in the day, month and year, and sign and print your name. A second parent, guardian or conservator uses the second column.
    New Jersey minor child power of attorney: PARENTAL RIGHTS OVER AND TO THE MINOR CHILD, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Acknowledgment: county, date and officer. Page 3 is a notary acknowledgment. The county, the date, the officer's name and title and the signer's name go on the certificate lines.
    New Jersey minor child power of attorney: STATE OF NEW JERSEY, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Officer signature and seal. The notary or other officer signs the signature line and adds the seal. Leave this line blank for them.
    New Jersey minor child power of attorney: Signature, filled with sample entries
    Step 7: sample entries, not a real document.

How to Sign and Use the New Jersey Minor Child Power of Attorney

These steps come after you finish the form. They are practical tips, not New Jersey legal requirements. The template ends with a notary acknowledgment, so many people sign in front of a notary public. Keep the signed original safe and give copies to the people who will rely on it.

  1. Sign with a notary. Many people take the form to a notary public and sign there, so the notary can complete the acknowledgment.
  2. Add a sheet about the child. Many parents also give the agent a separate sheet with emergency contacts, medical conditions, allergies and medications. The FormsPal template does not include one, so use a plain page.
  3. Share copies. It is common to give the agent a copy and to keep the original with the child's records.
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Frequently Asked Questions

How long does a New Jersey minor child power of attorney last?

A delegation expires one year from the effective date of the properly executed power of attorney. That limit applies to a single delegation. The parent, custodian or guardian may renew it for additional one-year periods using the same process as the original.[2]

What powers can a parent delegate in New Jersey?

Only the powers the parent, custodian or guardian holds. A parent, custodian or guardian may delegate under N.J.S.A. 3B:12-39 only such powers as they possess.[1]

How do you revoke a New Jersey minor child power of attorney?

A parent, custodian or guardian may revoke the delegation by notifying the attorney-in-fact named in the power of attorney. The notice can be oral, in writing, or any other act evidencing a specific intent to revoke the power of attorney.[1]

General information, not legal or tax advice.

Sources

  1. New Jersey Statutes Annotated N.J.S. 3B:12-39(d).
  2. N.J.S.A. 3B:12-39.
  3. N.J.S.A. 3B:12-39(b)(1). Accessed October 15, 2026.
Published: Jul 5, 2024
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.