Tennessee Minor Child Power of Attorney Form
The Tennessee Minor Child Power of Attorney makes it possible for parents to grant “temporary care-giving authority” to another party (referred to as the Caregiver) to authorize them to care for their child/ren on their behalf when they cannot do so themselves. Unlike other Power of Attorney arrangements, which are governed by the Durable Power of Attorney Act, this legally-binding relationship is governed by a specific-purpose act, the Power of Attorney for Care of a Minor Child Act. The provisions in this Act (namely § 34-6-302) specify that a Minor Child Power of Attorney may be enacted when “hardship prevents the parent or parents from caring for the child.” The section below may be referred to for examples of hardships
As aforementioned, in order to lawfully enact a Minor Child Power of Attorney, the parents must be dealing with some type of hardship. State law, specifically § 34-6-302, lists examples of hardships that parents may be facing, such as:
- The serious illness or incarceration of a parent or legal guardian
- The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided
- The loss or uninhabitability of the child’s home as the result of a natural disaster.
In order to meet state law requirements related to the valid execution of this document, the parents must “state with specificity the details of the hardship preventing the parent from caring for the child” in the form. Failure to do so will result in the arrangement being considered invalid in the eyes of the law.
State Laws & Signing Requirements
State Laws – Power of Attorney for Care of a Minor Child Act
Signing Requirements – State law demands that “the power of attorney for care of the minor child shall be signed and acknowledged before a Notary Public by the parent.”