The West Virginia minor child power of attorney is a legal form enabling a parent or guardian to temporarily transfer their parental rights over a minor child to another adult. This appointed person (attorney-in-fact or agent) has the authority to make decisions and act on behalf of the child according to the document’s stipulations.
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The minor child POA typically authorizes an agent to manage health care, dental, and educational matters. Verifying the parent’s signatures requires a notary official to establish a legally binding agreement. It’s also important to note that West Virginia Code Section 49-8-1 provides alternatives to guardianship, allowing parents or custodians to use charitable organizations for temporary child care during crises.
Section 49-8-3 governs the delegation of care and custody of a child. Parents, guardians, or legal custodians can temporarily delegate these responsibilities to a designated person through a power of attorney for up to one year. However, this delegation excludes certain rights, like consenting to the child’s marriage or adoption, and cannot override existing court orders.
On FormsPal, you can easily find and download West Virginia POA forms online for various legal needs.
Document Name | West Virginia Minor Child Power of Attorney Form |
Other Name | West Virginia Temporary Guardianship Form |
Relevant Laws | West Virginia Code, §49-8-1 – §49-8-7 |
Duration | One Year |
Avg. Time to Fill Out | 10 minutes |
# of Fillable Fields | 27 |
Available Formats | Adobe PDF |
When filling out the delegation of parental rights form, it is crucial to ensure all details are correct to establish a legally binding agreement.
1. Identify the Parent or Legal Custodian
Start by entering your full name and confirming that you are the parent or legal custodian of the minor children. This field establishes your legal authority to delegate your custodial powers.
2. List the Minor Children
Provide the full names and dates of birth of each child under your custody. Ensure the names are spelled correctly and the dates of birth are accurate to avoid any future discrepancies.
3. Designate the Authorized Person
Fill in the full name, complete address, and home and work phone numbers of the individual you designate to take care of your children. This person will be responsible for the minors as specified in the power of attorney.
4. Specify Delegated Powers
Clearly state the powers you are delegating to the designee. You can opt for broad delegation, which includes rights such as enrolling the child in school and consenting to medical treatment, or you can specify particular powers.
5. Define the Duration
Indicate the start and end dates of the power of attorney. The duration cannot exceed one year. Be explicit about the dates to ensure no ambiguity regarding the delegation term.
6. Signatures of the Parties Involved
Both you (as the parent or legal custodian) and the designee must sign the form to indicate consent to the terms of the power of attorney. Ensure that these signatures are made in the presence of a notary.
7. Notarization
The form should be signed before a notary public, who will then complete the acknowledgment section. The notary will confirm the identity of the signatories and the voluntariness of the execution. After notarization, keep a copy of the power of attorney for your records and provide a copy to the designee. Giving a copy to entities like your child’s school or healthcare provider might also be beneficial.
Remember, you can revoke this power of attorney at any time. If circumstances change or you decide to resume full custodial responsibilities, you should formally revoke the POA in writing.