What is a Power of Attorney for a Minor Child?
• A Power of Attorney appoints a person called the Attorney in Fact to step into the shoes of the parent and make decisions for the minor child. A Power of Attorney does not create a guardianship. The Power of Attorney cannot last more than 6 months.
• The Attorney in Fact must be a responsible adult, and does not need to be related to the parent or the minor child.
• A parent or guardian may delegate any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor child.
• The Power of Attorney takes effect when the parent completes the form and signs it under oath in front of a notary public or clerk of court.
• A Power of Attorney does not require a court order. It remains in effect until the date stated on the form, but that date cannot be more than 6 months into the future.
• The parent that delegated their authority with a Power of Attorney may revoke the Power of Attorney at any time before the expiration date. The revocation should be in writing.
Instructions for Power of Attorney for Care and Custody of Minor Child Form:
STEP 1: REVIEW NORTH DAKOTA CENTURY CODE SECTION 30.1-26-04 30.1-26-04.
Delegation of powers by parent or guardian.
A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward.
STEP 2: DETERMINE IF A POWER OF ATTORNEY WILL BE SUFFICIENT
• Contact the school system, medical provider, day care provider, etc. to determine if they will accept a Power of Attorney.
• Some entities require a court order. A Power of Attorney is not a court order.
• If an entity requires a court order, go here for information about establishing guardianship of a minor child in North Dakota state court.
• If you determine a Power of Attorney will suit your needs, continue to Step 3.
STEP 3: FILL OUT THE POWER OF ATTORNEY FORM
A choice of two forms:
• Short form
• Long form, which carries two important factors:
1. I delegate to my attorney-in-fact the power and authority to …
2. Excluded specifically from the authority and powers granted to the Attorney-in fact…
Revoking the Power of Attorney/Expiration of Power of Attorney
A parent can revoke a Power of Attorney at any time. Written notice of the revocation should be given to the Attorney-in-Fact and to anyone who has been given a copy of the Power of Attorney form. If possible, a parent should collect and destroy the original Power of Attorney and all copies when the Power of Attorney is revoked or when it expires
Where can I find the forms to complete my own Power of Attorney for a Minor Child?
Who Do I Contact With Additional Questions?
Seniors 60 and over Call:
1-866-621-9886
Others Call:
1-800-634-5263
Legal Services of North Dakota
Bismarck Law Office
418 E Broadway #25
Bismarck, ND 58501
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