Medical Power of Attorney for Minor

By Tom Streissguth

If your child suffers from a debilitating medical condition, such as a seizure disorder, you would be wise to entrust certain medical decisions to someone who can make those decisions in case you are not available during an emergency. In many cases, doctors will not administer some treatments without consent of a parent or a legal guardian or of a legally designated agent. If you wish to authorize another individual to make health care decisions for your child, you can draw up a medical power of attorney. The documents must be signed by one or both parents, witnessed and furnished to the agent named in the document.

Basic Format

The medical power of attorney must identify the grantors -- the parent(s) who are authorizing another party (known as the agent) to make medical decisions. It must identify the agent and the name of the child or children whom it benefits. It should also have information about the child's regular physician, as well as medical data such as blood type, immunization history, a list of prescribed medications, and information on any allergies, disabilities and/or illnesses. You may also include specific permission for certain medical procedures, such as blood transfusions, emergency surgeries and life support, or give permission for temporary confinement in the case of mental illness, at the discretion of the agent. The document must have an effective date and be dated, signed and notarized.

Liability

A medical power of attorney for your child should have language releasing any providers from liability for accepting direction from the agent, as provided for in the document. This important clause protects licensed doctors, nurses and paramedics from lawsuits arising from their treatment as authorized by your agent.

Ready to appoint a power of attorney? Get Started Now

Guardianship and Consent

If the grantor is a legal guardian, some states require notification of the court that approved the guardianship. In Michigan, for example, state law requires notification within seven days of the power of attorney's effective date. If the grantor is a parent, and the other parent objects to the power of attorney, then the parent objecting must file a motion for a hearing in family court. The judge will hear testimony and consider evidence, then issue an order either revoking or confirming the power of attorney.

Revocation

While the power of attorney should carry an expiration date, the laws of the individual states may limit the valid period. (Alaska, for example, limits health care powers of attorney for a minor to a year). Of course, as the parent or legal guardian, you have the right to revoke a medical power of attorney for your child at any time. You may do so by drawing up a single-page form declaring that the power of attorney you previously signed is no longer in effect and providing a copy of the revocation to your agent. .

Ready to appoint a power of attorney? Get Started Now
Power of Attorney for Minor Children
 

References

Resources

Related articles

What Protects Families From Power of Attorney Abuse?

A power of attorney is a legal status that grants an individual powers to make financial or health decisions on behalf of another person. The person granting the power of attorney is the principal and the individual receiving the powers is the agent. Agents are required to act in the best interests of the principal; however, it is not uncommon for agents to take advantage of the situation by stealing money or unlawfully selling property. It may be possible to safeguard against this situation by using specific language in the power of attorney document or by appointing more than one power of attorney. If the damage has already been done, there are civil and criminal sanctions available.

Can a Sibling With Power of Attorney Prevent Other Siblings From Seeing a Parent?

A power of attorney is a legal document that authorizes an individual or a business to perform specific tasks on behalf of another. The person executing the power of attorney, called the “principal,” may choose a relative, friend, business associate, financial institution or any other trusted third party as his agent or attorney-in-fact. The purpose of executing the power of attorney may involve handling financial transactions, legal matters or health care decisions. If a sibling claims to have a power of attorney authorizing him to limit access to a parent, he should permit the other siblings to review the document.

Kansas Statute on Power of Attorney

There are many tasks that you must do personally because of their legal or medical significance. For example, no one else can register your vehicle for you or sign your name to legal documents without formal permission from you. This formal permission is documented by a power of attorney, authorized by Article 6 of Chapter 58 of the Kansas statutes.

Related articles

Temporary Medical Power of Attorney for Child

A temporary medical power of attorney for a child allows a caregiver to make medical decisions for the child on behalf ...

Medical Power of Attorney for Children

A medical power of attorney for a child, or child medical consent, is a legal form that is used when the parents are ...

The Power of Attorney for Parental Rights

Parents must often balance their work life and other responsibilities with the needs of their children. If a situation ...

Legal Guardianship for an Incompetent Parent

A guardian is a party who undertakes legal responsibility and authority for the care of someone else, known as a ward. ...

Browse by category
Ready to Begin? GET STARTED