California Minor Child Power of Attorney Form
The California Minor Child Power of Attorney (Guardian Appointment + Medical POA) is a type of Power of Attorney designed to accommodate parents and guardians who will not be able to fulfill their parental or guardianship duties for a certain period of time (not indefinitely). With the form, they (preferably) name someone they personally know and trust that will be able to fulfill the duties requested of them. If the named individual (the “agent”) agrees to the terms of the arrangement, they will be legally required to uphold them in the circumstances t noted in the form.
Common reasons parents (and guardians) have for using the POA are:
- They are leaving on active duty for the military, and have no other means of taking care of their child(ren)
- They have been sentenced to prison, and need someone to care for their kids while they’re gone
- The parent(s) will be headed for in-patient medical care for an extended period of time
- Any other situation in which the child(ren) will be staying with another person (or family) for an extended period
State Laws & Signing Requirements
State Laws: Article 2 “Appointment of Guardian Generally” (§§ 1510 – 1517)
Signing Requirements: The probate code that covers Power of Attorney arrangements for the care of minor children does not specify any signing requirements that need to be met. However, given the importance of protecting the interests of all parties involved (the child, the parents, and the agent), it is best for the parents to sign the form before a Notary Public and ideally, two (2) witnesses as well.