Power of attorney is perhaps the most powerful tool in the legal arsenal for a lot of people, Being able to have someone else handle financial, medical, and legal decisions for them can ultimately help their overall estate and hopefully their life. But powers of attorney can also be specifically defined for a particular set of circumstances - for example, power of attorney can be granted to medical issues or to handling real estate transactions. In this article, we’re going to be talking about power of attorney for the care of children, among the most important powers of attorney that can be granted in the entire legal spectrum. Let’s take a look at how this is done.
First, it’s important to remember just how power of attorney works. You can grant someone the legal authority to make the decisions that are yours to make simply by signing a power of attorney document and generally having it notarized. But this power of attorney is not limited to one general power of attorney - you can limit the decision-making powers of the agent, or the person you’re granting these powers to. How do you do that? You do it with individual legal forms for different types of power of attorney.
That includes the power of attorney for the care of children. Why would someone want to pass these legal rights to someone else? Well, there are a number of reasons, but ultimately it boils down to doing what’s best for everyone involved. Passing on the power of attorney for the care of children means that the agent will be able to make guardian-like decisions on your behalf for the betterment of the children. Choosing which schools to use, signing medical forms and releases, and even changing emergency contacts can all be part of these responsibilities.
In many cases, someone will hand over this power of attorney to someone else in the case of adoption or simply because someone else will be taking care of their children. It can be a difficult time in one’s life when one has to sign these powers of attorney over to someone else, but typically this is done with the full consent of the principal, or the person handing the powers of attorney over to the agent.
When you see just how wide-reaching the implications of a power of attorney for the care of children can be, you begin to understand just how far-reaching the implications of powers of attorney are in general. These are serious legal issues, and the legal documents that back them up should be ironclad. That’s why it’s important to understand what is involved in a power of attorney form and what kind of rights you’re expected to hand over - or to receive - when you sign one. These are legally-binding documents when notarized by a notary public and will have a lot of weight in any potential court cases relating to these circumstances down the road.
In other words, power of attorney is important, so make sure you do it right - for your children and for yourself.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.
You've found your form, but will you need others? If there are other related forms you may need in the future, it may be beneficial to look at our combo packages. On average, customers who purchase a combo package save 40% on the related forms they need. Take a look at the combo packages below to see if one is right for you.
The document was fast, easy and had everything I needed for my situation.
No Customer Comments
Exactly what we needed and the price was very much appreciated.
I'm not a lawyer, but the Power of Attorney for Care of Children seemed good. No way to judge the quality, but the checkout was quick and I was able to download the forms right away.
Nice to know that I can get to your site & secure legal documentss by the click of the mouse.
Very easy to use. Form was exactly what we needed.
Worked great. Easy to complete, good instructions, made parents and grandparents feel secure that they had what might be needed. Thank God it was never needed.
The site was so easy to navigate and locate the form I needed. Download was a no brainer and I had it completed in no time. Thanks!