Massachusetts Minor Child Power of Attorney Form
The Massachusetts Minor Child Power of Attorney provides parents, who need to step away from their parenting duties due to personal, business, government, or other reasons, a legal means of assigning another individual with the power to take care of their child(ren). The legal form lawfully empowers an individual elected by the parents (called the guardian) to carry out tasks in their wake, such as those related to their child’s schooling, health, recreation activities, and any other areas specified in the form. Although state law (§ 5-201) states that the form can continue until terminated, the form is typically used in short to medium-term situations. Parents commonly use the form in situations where they:
- Are leaving for active duty
- Have to serve a prison sentence
- Will be receiving inpatient care
State Laws & Signing Requirements
State Laws: Ch. 190B – § 5-202 “Parental or guardian appointment of guardian for minor”
Signing Requirements (Chapter 201D, Section 5-202): State law requires that the POA be signed by a parent or guardian in view of two (2) witnesses, who must also sign the form.
Additional Considerations: When browsing through the MA statutes pertaining to the assignment of a guardian, it is important to know that the laws also cover court-appointed guardianships. Several of the statutes do not apply to situations in which a guardian is appointed by the child’s rightful parents.