A limited non-durable power of attorney for children is used when specific care is needed. The person that is appointed as the agent will only be allowed specific functions when it comes to the care of the children. With the a limited agent, the agent becomes ineffective if you ever become disabled or incompetent in any way. The powers are immediately terminated once you are no longer able to make decisions. The agent granting is only for the length of time that you determine. It is only valid during that time frame and immediately ends once the date is reached. It can also be created to only be for a specific function or action that needs to be completed with minor children and once the action or function is complete, than the power is revoked as well. The power can of course also be revoked at any time by you.
When appointing this type of attorney for child care, you are allowing them to complete any action you yourself could legally complete for a minor child. The powers can again be broad or specific. A limited non-durable power of attorney for a minor child authorizes the appointed attorney to have temporary custody as well in some instances. This is for a minor child that is not married and when the minor child will be living with the appointed agent. The agent is then able to make decisions for the child. This can be necessary when a parent needs to travel or go overseas and needs another person to take care of their child while they are away. This type of consent typically includes medical decisions that need to be made in the event of an emergency.
The powers that are granted can be, but are not limited to:
- Consenting to medical treatment.
- Consenting to emergency medical treatment.
- Allowing hospitalization.
- Allowing surgeries to be performed when medically necessary.
- Safety of the child.
- Ensuring the continuing education of the child.
- Enrolling a child in school.
- Enrolling a child in sports and other after school activities.
- Document signing when connected to medical treatment and medical care.
- Allowing for discipline and supervision of the child.
- Handling disputes and arbitration when necessary with the child.
- Acting as the guardian of the child.
- Handling other parental responsibilities, such as picking and dropping off at school, handling travel arrangements, appointments and other necessary functions.
Typically when granting power of attorney for a minor child, the form must be notarized or signed by two other witness. However, each state may differ, so it is best to check to make sure what the state requirements are for a valid granting of power for a minor child.
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