Your estate plan may include powers of attorney that allow a trusted person to act on your behalf and advocate for you concerning medical and financial matters when you cannot do so yourself. But do you have a similar document in place that gives someone the authority to care for your minor children when you cannot? A comprehensive estate plan covers contingencies not only for you but also for your minor children. A delegation of parental authority (DOPA), often called a power of attorney (POA) for parents or parental POA, allows you to give a nonparent the legal authority to make certain decisions for your minor child.
Delegating your parental authority to another person in a legal document can help ensure that your child receives the care they need when you are out of town on business or vacation. The document typically does not require a court order and does not supersede your parental rights.
Until a certain age, your kids rely on you for almost everything. You might not realize how much they depend on you until you are not there for them.
Even when you leave the kids with a babysitter for a short period, the long instructions you provide can quickly reveal just how many important daily tasks and details a parent is responsible for.
As kids grow older and become more independent, they often require less from you. However, until your child reaches age 18, you are legally responsible for their well-being, and there are some things—such as receiving medical treatment or entering into a contract—for which a minor child must obtain parental permission.
A DOPA (delegation of parental authority) or parental POA is a document that temporarily allows someone else—known as an agent or attorney-in-fact—to care for your child and act on their behalf similarly to the way you could. This tool is commonly used when a parent is leaving the state or country for a personal or work trip or when a parent is facing incarceration, military deployment, long-term medical treatment, or risk of deportation.
This document does not override or interfere with your parental rights regarding your child’s care, custody, and control. Still, it does permit a caregiver to act in your stead on essential matters like taking them to the doctor, excusing them from school, attending and consenting to school activities, inspecting and obtaining their records, and making decisions during an emergency.
Not having a DOPA or parental POA for your minor child could mean that crucial care cannot be provided promptly or in your absence. It could also mean that in an emergency, the school or some other authority could choose based on their policies and procedures about your child’s care that you may disagree with.
The legal form you use to give quasi-parental rights to a third party may go by different names in different states.
Minnesota and Idaho, for example, use the term delegation of parental authority (DOPA). Washington refers to it as a power of attorney for parents. Oregon calls it a power of attorney over a child. North Dakota calls it a power of attorney for the care and custody of minor child. And Florida refers to it as a designation of healthcare surrogate for minors.
State law can also vary in terms of how the document works. Some states limit a DOPA to a maximum of six months from the date it is signed, after which a new agreement must be signed. A DOPA is suitable for up to one or two years in other states.
States may have different requirements for completing and validating the document. State law might require a DOPA to be notarized before it takes effect, and there may be a requirement to inform the other parent about the agreement, with limited exceptions. If the person caring for your child lives in a different state, you may need to fill out a DOPA form in that state as well.
Despite these differences, DOPAs work similarly in most states and share the following traits:
DOPA forms typically state that the attorney-in-fact has all of the power and authority that the parent or guardian has (except the power to consent to marriage or adoption). They also provide the option for a parent to delegate to the attorney, but only specific powers and responsibilities are listed in the document.
The person you choose to decide for your child should be someone you know well and trust. But it may be worth asking if they would make the same choices you would make in the types of situations that could come up.
You cannot expect your attorney-in-fact to align entirely with you in every conceivable scenario. While they will probably be able to check with you about a nonemergency decision, they will still need a degree of autonomy to act independently and exercise their best judgment if something unexpected happens and you cannot be reached immediately.
Choosing a close friend, family member, neighbor, or another responsible adult with similar values can help ensure you agree about the most critical issues.
The person you choose should be somebody your child is familiar with and comfortable around so that your child is receptive to their care and authority. Discuss the appointment of the short-term caregiver with your child and talk about your upcoming trip with them.
Extended time away from a parent can be difficult for a child. Establishing expectations and a schedule of how often you will check in—both with your child and the caretaker—can keep everyone on the same page and ease the apprehension surrounding your absence. You know your kid best, though; frequent check-ins might make them more anxious.
In addition to emotional considerations, there are some practical points to keep in mind as you get ready to embark on your trip:
The attorney-in-fact should also have the following information about your child:
Your profession, travel destination, and the type of trip you are taking could potentially put you at risk. The US government encourages travelers to high-risk areas to enroll in the State Department’s Smart Traveler Enrollment Program, develop a communication plan with loved ones, and discuss a plan with them about the care and custody of children.
Traveling out of town when you have children can be stressful for them and for you. There is no substitute for a parent’s love and care. But if work or other circumstances keep you away from your children, a DOPA or parental POA might be the next best thing.
A comprehensive estate plan should also cover a permanent guardianship arrangement for your children if a worst-case scenario unfolds while you are away.
Part of estate planning is thinking about what could happen to you and putting measures in place to protect your family. Your current estate plan may not address childcare and guardianship issues, or you might need to update your plan to reflect current circumstances, such as the birth or adoption of a child, divorce, or nominating a new guardian in your will.
You cannot protect your children from everything. But you can leave as little to chance as possible with a well-thought-out estate plan. Book a FREE Discovery Call to begin creating or updating your plan.
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