Parental Power of Attorney: The Legal Document Needed for Those Caring For Your Children

By:  Elizabeth Green                                                                                  egreen@pklaw.com

Whether the kids will be with Grandma and Grandpa for the holidays or a nanny when you go on a quick business trip, it is important to consider whether the person caring for your children has the legal tools necessary to care for your child.  As a parent, you have the ability to make legal and medical decisions for your children under the age of 18.  What happens, though, if your child gets sick while you are away, or when the child is on vacation without you?  While we are often only a cellphone away, that is not always sufficient in an emergency.

A parental power of attorney is a document which may be used to give another individual the ability to make important decisions for your child or to consent to specific things while the child is in that person’s care.  Similar to a Durable Financial Power of Attorney, a parental power of attorney may be limited in scope or more general.  The grant of the powers may be limited to the length of a trip or may be broader in duration.  Such a document could allow the caregiver to sign a consent or waiver required for your child to ride a go-cart as well as to authorize an emergency appendectomy.  Without the document, your child could be excluded from an activity or forced to wait for surgery until you can be located.  While a simple note may be sufficient, having a more robust document may provide peace of mind that the individual caring for your child has all of the tools he or she needs in order to care for your child.

If you are planning travel or if your children will be traveling without you, you should consider executing a parental power of attorney.  Should you have questions about whether such a document would be appropriate for you or your situation or to discuss your other estate planning needs, please contact Elizabeth Green at (410) 769-6150 or email at egreen@pklaw.com.

Elizabeth A. Green is a Member in PK Law’s Wealth Preservation Department. Ms. Green advises individuals with both basic and sophisticated estate planning needs including charitable planning and giving. Ms. Green can be contacted by phone at (410) 769-6150 or email at egreen@pklaw.com.

This information is provided for general information only. None of the information provided herein should be construed as providing legal advice or a separate attorney client relationship. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney of your choice about your particular situation. While PK Law has taken reasonable efforts to insure the accuracy of this material, the accuracy cannot be guaranteed and PK Law makes no warranties or representations as to its accuracy.