Parents, legal custodians, or legal guardians periodically find themselves in a position that necessitates granting power to another adult regarding the care, custody, or property of a minor child or incapacitated person (ward).
Examples may include a vacation out of state or country, a long term illness, or other extenuating circumstances. One way to delegate this authority is by using a properly executed power of attorney form, which is a written document in which one person (principal) appoints another to act as an agent on his or her behalf.
The Powers
Pursuant to Minnesota Statute § 524.5-211, the parent or legal guardian can delegate to the agent any decision regarding care, custody, or property of the minor or ward. Examples of this may include: authorization of medical treatment for the minor or ward; enrolling the minor or ward in school; and to provide a home, care, and supervision of the ward or minor at the agent’s home. However, this form does not allow an agent to consent to marriage or the adoption of a minor ward.
A parent or guardian can also designate the duration of the powers, so long as it does not exceed a period of one year.
The Execution
The form must be signed by both parents and the agents and shall be notarized. In the case of a single parent executing this form, that parent must mail or give a copy of the document to any other parent within thirty (30) days of its execution unless: the other parent does not have parenting time or has supervised parenting time; or there is an existing order for protection under chapter 518B or a similar law of another state in effect against the other parent to protect the parent, legal custodian, or guardian executing the delegation of powers or the child.
Another option for delegating these powers is by designating a temporary or standby guardian under chapter 257B.
