A Child’s Power of Attorney

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A Child’s P0wer-0f-Att0rney

P.O.A for a child is an estate planning tool that enables parents to grant another third party who is an adult, rights to make decisions over a child’s wellbeing. The agent appointed in a child’s P.O.A has the power to make decisions over the child’s education, healthcare, etc.

The proxy is neither entitled to full guardianship over your child nor your parental rights over your child is lost as the power to decide over your child’s matters is still with you, provided you’re sane. As a principal in P.O.A, you should grant the proxy a high degree of authority of making almost but not all decisions over your child’s wellbeing. The powers of the proxy should be listed down then the extent to which they’re allowed to impact changes on the child’s life for its wellbeing. An example of what a proxy isn’t entitled to do is to delegate your child’s care to another person not mentioned in a child’s P.O.A deed or give a child for adoption as if it’s their own.

What to consider when assigning a child’s P.O.A

Who is the best proxy for a child’s P.O.A? well, in the process of selecting an agent whose decisions are determinants of your kid’s wellbeing, a trustworthy individual is most preferred in this case. Whom do you trust? In most cases, the proxy comes from family members like parents, siblings provided they are adults. A high chance for family members to have your best interest at heart and will ensure the kid’s wellbeing. However, in some cases, family members may fail to uphold your desires for the child’s wellbeing. Making the child’s POA a flexible one allows you to revoke a proxy then invoke a new one.

A child’s POA deed contains full details regarding the objectives of a P.O.A contract, the limits an appointed proxy isn’t allowed to cross in the process of deciding over your kid’s for its wellbeing. The period in which a proxy for a Child’s P.O.A is going to act is also very crucial and should be indicated on the deed. This reduces uncertainty in the whole process. In case the period is not specified, the proxy for your kid’s P.O.A takes effect from the moment it is approved by the NY surrogate court to six months later. When the period lapses, the POA may be renewed or terminated if you are now capable of looking over your kid.

Can a child’s POA be revoked before its maturity?

For some reason, the court can command the child’s P.O.A to be revoked before the period agreed upon lapses. The reasons may be, incompetency or incapacity of the appointed proxy for your kid’s P.O.A may be due to fraud, or your early request to take over control of your child.

Necessities when drafting a child’s P.O.A

When drafting a child’s P.O.A, it is necessary to accurately include all the details of both you (the parent and principal), the proxy, and the child. Details such as full names, DOBs, addresses, and other personal information must be indicated without fail. Documents supporting the details filled in the child’s P.O.A deed may also be very important. It may be the child’s birth certificates, health certificates, etc.  This is to ensure no confusion will be experienced in the future. The child’s current caretakers should be present when drafting the deed for them to sign and approve that they have granted you the authority to make decisions over the child’s affairs.

It’s a wise choice to draft these deeds with an estate lawyer guiding you over surrogate court rules on the P.O.A area then acting as a witness too.

FAQs

Do Proxies of a child’s P.O.A override someone’s parental rights?

 Proxies of a child’s P.O.A don’t override parental privileges as they are limited to making some decisions over the child.

What is the duration of a child’s P.O.A?

 The duration for a proxy in a child’s P.O.A depends on your state of capacity, and the type of the child’s P.O.A undertaken.

Do I need a lawyer to draft a child’s P.O.A?

An estate lawyer plays a key role in your child’s P.O.A as he /she ensures it is readily acceptable in the surrogate courts in NY for it will be in line with the surrogate court rules.

In what way do I determine my child’s P.O.A proxy?

Pick on a trusted individual who acts to the best of your interest. Agents are usually picked from family members or friends.

What is a Child’s P.O.A?

 It means appointing a proxy to make choices for the wellbeing of your kid on your behalf in an event where you are absent for some period or incapacity to look over it for medical reasons such as dementia.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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