Power of Attorney for Consent to Medical Care of a Minor

By Heather Frances J.D.

Adults can consent to their own medical care, generally without the need for anyone else's input. But children--typically, minors under the age of 18--cannot provide legal consent. When a parent or legal guardian is not available to give consent in person, he can create a written power of attorney allowing someone else to consent on his behalf.

Adults can consent to their own medical care, generally without the need for anyone else's input. But children--typically, minors under the age of 18--cannot provide legal consent. When a parent or legal guardian is not available to give consent in person, he can create a written power of attorney allowing someone else to consent on his behalf.

Agent's Authority

A health care power of attorney names someone else, called an agent, to make medical decisions regarding your child's care -- the same decisions you would be able to make if you were present. For example, if your child is spending the summer with his aunt in another state, you may wish to give Aunt Sally authority under a health care power of attorney. With the power of attorney, she could take him to the doctor if he gets sick. She is not, however, responsible for paying his medical care, and a health care power of attorney does not put your child on her health insurance plan.

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Document Preparation

State laws determine the rules for creating a power of attorney, so it is important to know what your state requires. Generally, health care powers of attorney for children list basic information about the child, such as his name, birthdate and address, along with the agent's and parents' names and contact information. Health care powers of attorney typically have an expiration date as well. You can prepare this document yourself using an online legal document provider or attorney, or you may be able to find a form at your doctor's office or hospital.

Document Distribution

Depending on state law, your power of attorney may require the signature of both parents. For example, Wisconsin state law requires both parents to sign unless one parent has been granted sole custody over the child. Your state's laws may also require you to sign in front of a witness or notary. Once you have properly completed your power of attorney, you can distribute copies to those who need them. You can give a copy to your agent so he has the document available should he need to take your child for treatment. You can also give a copy to the medical providers who are likely to treat your child so they have the paperwork on file if your agent forgets to bring it. If you later choose to revoke the document, it is generally best to get the copies back.

Emergency Exception

While powers of attorney cover both emergency and non-emergency care, your child can receive emergency care even without a power of attorney. Thus, if your child needs emergency care while he is with another adult, doctors can still treat him. However, it is up to the health care provider to decide whether your child's condition is an emergency. If the condition is urgent but not an emergency, the health care provider cannot treat him without proper parental consent.

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Do You Have to Go to Court to Give Someone Power of Attorney Over a Minor?

References

Related articles

The Responsibilities of Medical Durable Power of Attorney for the Elderly

If a person becomes incapacitated, perhaps because of a mental illness like dementia, he can no longer make health care decisions for himself as he once did. If he created a durable medical power of attorney, he named an agent to make his health care decisions if and when he becomes unable to do so and this agent is responsible for following his wishes closely and acting in his best interests.

How to Obtain Power of Attorney

You may face circumstances that require you to perform legal acts, such as withdrawing money from a bank account or consenting to medical treatment, on behalf of another person, known as the principal, who cannot perform these acts himself due to disability or other adverse circumstance. A valid power of attorney will allow you to perform these acts as agent for the principal without legal liability. Hospitals and banks often offer standardized power of attorney forms that have been drafted in accordance with state law. Otherwise, you may draft the appropriate form yourself.

Medical Power of Attorney for Kids

A medical power of attorney is normally used to authorize one person, known as the attorney-in-fact or agent, to make medical decisions on behalf of a person who is ill or injured. Since a minor cannot execute a power of attorney, however, an adult must execute it on behalf of the minor.

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