The Virginia minor child power of attorney is a legal document that allows a parent or legal guardian to temporarily delegate parental authority to another adult. This arrangement is particularly useful when the parent or guardian cannot care for the child due to illness, travel, military deployment, or other circumstances.
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According to the Code of Virginia, specifically under §§ 20-166 and 20-167, this power of attorney grants the appointed attorney-in-fact the ability to make decisions regarding the child’s welfare, education, healthcare, and other essential matters. However, it is important to note that this delegation does not terminate the parent’s or guardian’s legal rights; it merely allows another trusted person to act on their behalf for a specified period. Key features of the Virginia minor child power of attorney include:
This temporary arrangement ensures that the child’s needs are met without the parent or guardian, providing peace of mind and continuity of care. For those seeking to establish a legal arrangement for their children, various Virginia POA templates are available online to simplify the process. Additionally, ensuring accuracy and compliance with local laws is crucial when filling out power of attorney forms.
Document Name | Virginia Minor Child Power of Attorney Form |
Other Name | Virginia Temporary Guardianship Form |
Relevant Laws | Code of Virginia, § 20-166 – § 20-167 |
Duration | Six Months |
Avg. Time to Fill Out | 10 minutes |
# of Fillable Fields | 20 |
Available Formats | Adobe PDF |
Filling out the Virginia power of attorney to delegate parental or legal custodial powers is straightforward, but you must ensure that all required information is accurately provided. This guide will walk you through each step to complete the form correctly.
1. Identifying the Parent or Legal Custodian
Begin by filling in your full name and the full name of any co-parent or legal custodian. This establishes your legal authority to delegate the power of attorney.
2. Naming the Minor Child
Enter the full name and date of birth of each minor child for whom you delegate authority. This information ensures that the power of attorney applies to your child or children.
3. Designating the Attorney-in-Fact
Next, insert the full name, address, and phone number of the person you appoint as the attorney-in-fact. This individual will be responsible for making decisions on behalf of your child.
4. Specifying Delegated Powers
You have two options for this section. You can either delegate all parental powers or specify certain powers. If choosing the latter, detail the responsibilities and powers you grant to the attorney-in-fact. Common powers include the right to enroll the child in school, access educational records, and consent to medical treatment.
5. Setting the Duration
Indicate the start and end dates for the power of attorney. For non-military parents, this period cannot exceed 180 days. Military parents can extend this period to cover the duration of active duty plus an additional 30 days.
6. Signing and Notarizing
Both the parent(s) and the attorney-in-fact must sign the document. Additionally, the form must be notarized to be legally binding. This step is crucial for the legal enforcement of the document.
7. Acceptance by the Attorney-in-Fact
The designated attorney-in-fact must also sign the form, acknowledging their understanding of the responsibilities and agreeing to act in the child’s best interests.
8. Approval by Child-Placing Agency (if applicable)
If the child is placed with a licensed child-placing agency, a representative must approve the designation of the attorney-in-fact. This representative must also sign the form to confirm their supervision over the placement.