28 Mar What Is Parental Power of Attorney?

There are many ways you can use estate planning to protect your children, now and in the future. You can set up a trust fund to protect their inheritance, or name a guardian in your will. You can also use a parental power of attorney to appoint a temporary guardian if necessary. In fact, many military families use this legal document to protect their children while they are deployed overseas. Here’s how a parental power of attorney works, and when you might need to use it.

How Does a Parental Power of Attorney Work?

A parental power of attorney is a legal document that gives another adult authority over your children. It is not the same as appointing a legal guardian. Parental power of attorney is only a temporary measure—it automatically expires after six months for most people, and after one year for active military personnel. 

You can set the duration to less than six months as well. For example, if you’ll be traveling for work for a few weeks, you can name your child’s caregiver as a temporary guardian. A parental power of attorney can also be revoked at any time. If you return sooner than expected or change your mind, you can simply revoke the documents.

When Would You Need a Parental Power of Attorney?

Most often, this document is used by members of the military who are about to be deployed overseas. While they are away, the person they appointed as their representative will be able to make decisions regarding their child’s education and medical care.

Or, if you are a single parent and you plan to be traveling for a time, or you are having a surgery and will be in the hospital for a while, you can use a parental power of attorney to give someone else temporary guardianship of your child. 

What Can Someone with Parental POA Do?

The person you name as your representative will be able to communicate with teachers and doctors on your behalf. For example, if your child needs a permission slip signed for a school field trip, your personal representative will be able to sign it. Or, if your child needs to see a doctor, they will be able to authorize medical care. 

It’s important to note that by drafting a parental power of attorney, you will not forfeit any of your rights as a parent. Your representative will simply act as co-guardian for the duration of the agreement. You can also set specific terms in the POA documents. Your representative will be bound to those terms, and will only be able to act as directed.

If you decide to use a parental power of attorney, you will need to have the documents witnessed and notarized in order to make them legally valid. If you will be traveling or deployed overseas, don’t forget to take this important step before you leave the state.

Further Steps You Can Take to Protect Your Children

Drafting a parental power of attorney is a useful temporary arrangement. However, there are other, more permanent measures you can take to protect your children’s welfare.

The estate planning attorneys at Phelps LaClair can help you:

• Appoint a guardian (and an alternate guardian) in your will, and make sure it’s legally valid.
• Set up a trust fund that benefits your children, and appoint a successor trustee to manage the funds.
• Draft a durable power of attorney, in case you are ever incapacitated by an accident or injury.

Estate Planning Services for Military Families in the Phoenix Area

Planning for your children’s future is a very important part of parenthood. The attorneys at Phelps LaClair can help you protect your children’s welfare as well as their financial future with a customized estate plan. If you need help preparing your will or you want to set up a trust fund, contact us to schedule an appointment today. Your initial consultation is free of charge!

Photo by Bermix Studio on Unsplash used with permission under the creative commons license for commercial use 3/24/25.