Temporary Medical Power of Attorney for Child

By Anna Assad

A temporary medical power of attorney for a child allows a caregiver to make medical decisions for the child on behalf of the parents. Parents commonly use this type of power of attorney to ensure their child's safety if they're going to be unavailable to give consent to emergency or routine treatments. Although only one parent is needed to grant the caregiver powers, the other parent retains more authority over the child than the named caregiver.

Features

Formats for a temporary medical power of attorney for a child vary by state, but all include the names and addresses of the parents, child and caregiver and the child's birth date. A parent may name a successor caregiver who can act only if the first caregiver is unable to. Parents list the caregiver's powers in the main body of the document along with any limitations. For example, the parents can limit the caregiver's authority to emergency treatment only. Most medical powers of attorney for children must be signed and dated by the parents in front of a licensed notary, and the caregiver might also have to sign.

Restrictions

A parent can grant a caregiver the right to make all medical decisions if she wishes to do so, but she can also choose to restrict the caregiver's powers to particular dates. For example, if the power of attorney is only so the caregiver can authorize medical assistance for the child while the parents are on vacation, the parents can restrict the powers to the dates of the trip by including those dates on the document.

Ready to appoint a power of attorney? Get Started Now

Termination

A temporary medical power of attorney for a child is usually limited and nondurable. A nondurable power of attorney ends if the giver becomes incapacitated or incompetent. Because the parents granted the authority — a minor can't grant power of attorney — the powers immediately end if the parents become incapacitated or incompetent. Some state laws place expiration dates, such as six months after the day of signing, on powers of attorney for a child's medical care. These expiration dates prevail if the power of attorney doesn't include a time limit.

Considerations

Parents can grant medical powers as part of a boarder grant of authority on a power of attorney meant for temporary child care. The power of attorney allows the caregiver to act for the parents in various situations, including school enrollment and sports activities. Some powers aren't allowed, even if included in the power of attorney, because of state laws. For example, in Oregon, no power of attorney for a minor can grant the caregiver the authority to consent to the child's marriage or adoption.

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

References

Related articles

Medical Power of Attorney for Minor

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.

The Rights & Responsibilities of a Temporary Guardian in Arkansas

A temporary guardian is a person appointed by the court to play the legal role of a child's parent, when parents are unable to do so. A court may appoint a temporary guardian when a parent is incarcerated, temporarily too ill to care for the child or after a parent dies. In Arkansas, guardians have many of the same rights and responsibilities of parents. The guardian must relinquish the child to the parent at the end of the term of guardianship if the order of guardianship orders her to do so.

How to Give Power of Attorney to Grandparents Traveling with a Minor

Even in the most delightful of circumstances, things can go wrong. If your child goes off on the adventure of her life with her grandparents and needs medical care while she is away, they might be in a fix if you don’t pave the way for emergencies ahead of time. Arming them with a simple power-of-attorney form will do the trick. This allows them to act in your place and authorize medical care for her when you’re not there.

Related articles

Do Grandparents Need a Power of Attorney to Take Grandchildren to the Doctor?

They say it takes a village to raise a child. Today, grandparents are often deeply involved in taking care of their ...

Power of Attorney for Minor Children

A power of attorney for a minor child allows a parent to designate another adult to make decisions for his child ...

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 ...

Difference Between a Guardian and Custody in Michigan

Custody laws primarily focus on the rights of parents while guardianship provides rights to family members or other ...

Browse by category
Ready to Begin? GET STARTED