Prior to the enactment of this new law, the only way a parent could delegate parental authority was through a formal guardianship proceeding or a petition for protective services. Obviously, these options were not practical for parents simply looking to delegate legal decision-making authority to a third person for a short period of time.
The new power of attorney allows a parent to temporarily delegate legal decision-making authority and care-giving responsibility for their children to a third party for up to one year. This tool is perfect for situations where parents will be unavailable due to a vacation or military service and they wish to delegate healthcare and other decision-making authority to a third party while they are away. This delegation of parental authority will also work in more serious situations such as the incapacity, medical treatment or incarceration of a parent.
There are limits to the use of the new parental power of attorney. For example, the power of attorney designation may not exceed one year, parental authority may only be delegated by individuals who have legal custody and both parents must sign if both have legal custody. The power of attorney must be properly executed and substantially conform to the statutory requirements. A parent who has delegated his or her powers may revoke the power of attorney document in writing at any time.
Whether it is for a short-term vacation or more permanent planning, it is important to plan for the care and support of your minor children. The estate planning team at Anderson O’Brien has the expertise to advise you on what tools are best suited to accomplish your goals.