Power of Attorney for Care of Children FAQ

What is Power of Attorney for Care of Children?

Power of Attorney for Care of Children is a document that allows for written authorization of other parties to act on one party’s behalf – specifically in this case, these powers and duties relate to the providing of care for children. In this document, the “Principals” or “Grantors” – the parents of one or more children – can appoint another person as their Attorney-in-Fact (or “Agent”) to take care of these children. Typically, this type of agreement is granted on a temporary basis, though parents can ultimately revoke this Power of Attorney before the “end date” in the agreement.

Granting Power of Attorney for Care of Children allows the Attorney-in-Fact to then make decisions regarding the children’s upbringing, including decisions about medical care, education, and general child welfare. Parents who are absent from the child’s life for long periods of time typically find the Power of Attorney for Care of Children to be an appropriate way to ensure their children are cared for.

How is Power of Attorney for Care of Children different from a “regular” Power of Attorney?

That depends on your definition of “regular” Power of Attorney. There are, in fact, different types of powers that can be granted to your Attorney-in-Fact. General Power of Attorney, for example, allows for your designee to make financial, business, and legal decisions of all sorts on your behalf. Power of Attorney for Health Care focuses mainly on medical and health decisions that you’re incapable of making yourself.

Power of Attorney for Care of Children’s focus, on the other hand, is on granting someone else the ability to raise your children with full legal capacity, generally for a limited amount of time.

How is Power of Attorney for Care of Children different from legal guardianship?

Power of Attorney for Care of Children should not be considered a substitute document for legal guardianship. There are a number of differences that distinguish the two types of legal powers from each other.

For example, the Power of Attorney for Care of Children does not grant the Attorney-in-Fact guardianship, which is part of the reason this Power of Attorney is considered revocable. While it does grant the “Agent” a number of powers that are similar to that of a guardianship, the actual guardianship is not changed simply because two parties signed an agreement. Changing legal guardianship is a process that has to take place through the courts.

As such, the Power of Attorney for Care of Children is often regarded as more of a temporary solution to absent parent problems and not a more permanent solution on the level of legal guardianship.

What kind of rights are granted to the Attorney-in-Fact (or “Agent”) in a Power of Attorney for Care of Children?

Essentially, a Power of Attorney for Care of Children awards the Attorney-in-Fact the ability to make decisions about the raising of a child in place of a parent. Decisions about schooling and education, health care, and adequate child care will all be held by the Attorney-in-Fact for the duration as outlined in the document, though the child’s parents reserve the right to revoke these powers and restore them to themselves ahead of the duration’s expiration.

Here’s an informal list of the rights you might expect to grant to an Attorney-in-Fact when signing a Power of Attorney for Care of Children:

• Health Care decisions
• Education decisions
• Powers to sue and protect legal rights
• Living decisions

It’s important to keep in mind, however, that the Power of Attorney for Care of Children will generally list these rights in its Powers granted provisions, which is why it’s important to review your individual document to fully understand which rights are granted.

What are the requirements for a Power of Attorney for Care of Children to be valid?

Like other legal documents, the Power of Attorney for Care of Children must meet certain minimum requirements to be considered valid – even if signed by both parties, the enforceability of such a document is contingent on other factors as well. Here are a few requirements for a Power of Attorney for Care of Children to be valid:

• The schedule outlined in the Power of Attorney for Care of Children should be in effect for the contract to also be in effect;
• Consent for signing the document was provided freely and willfully by each party, and each party was at full mental capacity when doing so;
• Notary acknowledgement: A Power of Attorney for Care of Children should be notarized in order to be fully enforceable and provable later;
• The powers and rights granted in the document are legal and lawful.

It is important that all of the above needs are met in order for a document to be considered valid, as having just one of the above lacking could mean the contract will not be enforced in a court of law.

When is a Power of Attorney for Care of Children enforceable?

Enforcing a contract will require that contract’s validity to be established – see above. Additionally, for the contract to be enforceable, the timeline outlined in the contract itself will have to be honored as well. Once the duration of Power of Attorney for Care of Children expires, the contract will have ended and it will have essentially ceased to be enforceable, the agreement having already been honored.

What are the requirements for a Power of Attorney for Care of Children to be valid?

There are a number of restrictions on the Power of Attorney for Care of Children, including the restrictions held to most contracts. Contracts are not valid if not lawfully written or willingly signed, for example.

When is a Power of Attorney for Care of Children Effective?

The Power of Attorney for Care of Children will be effective – or, in another phrase, “kicks in” – during the duration of time that is allotted in the agreement itself. Many of these agreements will outline specific starting and end dates.

Additionally, the Power of Attorney for Care of Children can often be revoked by the parents of the child or children, meaning that the Power of Attorney for Care of Children will generally last as long as the parents continue to approve of the situation and give their consent.