Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Virtual first, serving families across Arizona.
Mon to Thu 8 to 4, Fri 8 to 12
Estate Planning
Authorize a trusted adult to make decisions for your minor child during a defined period.
Estate Planning
Authorize a trusted adult to make decisions for your minor child during a defined period.
A Parental Power of Attorney lets a parent authorize a trusted adult, often a grandparent or close family friend, to make caregiving decisions for a minor child during a defined period. Common situations include extended travel, military deployment, medical treatment for a parent, or temporary placement of the child with a relative.
Under Arizona law, a parental power of attorney can authorize the caregiver to consent to medical treatment, enroll the child in school, and handle the day-to-day decisions a parent normally makes. It is a powerful but bounded tool, used for periods rather than permanent custody.
We draft these documents with clear scope, time limits, and instructions so everyone, including schools and medical providers, understands the caregiver’s authority. We also discuss when the situation calls for something more, such as a guardianship.
If you are planning for a temporary period of caregiving, this is the right document to do it correctly the first time.
A Parental Power of Attorney is useful when a parent or guardian becomes sick or hospitalized, travels overseas, or is otherwise unable to care for their child for a short period. The parent can either delegate all parental responsibilities or the parent can delegate specific parental responsibilities. For example, a parent could give the agent the power to enroll the child in school, grant permission for school trips, and participate in teacher conferences. Additionally, the parent could delegate the power to make healthcare decisions for the child, whether routine or emergency in nature. An attorney can ensure that the Parental Power of Attorney only gives the agent the specific responsibilities that the parent wishes to delegate.
Under Arizona law, there are restrictions on the parental responsibilities that can be delegated. The power to consent to marriage or adoption of the minor cannot be delegated in a Parental Power of Attorney.
You cannot use the Parental Power of Attorney to give another adult custody of your child. A Parental Power of Attorney is only a temporary agreement. Legal custody remains with the custodial parent. It can only be transferred through a court order.
Any parent or guardian who is over 18 years old, lives in Arizona, and is of sound mind can use a Parental Power of Attorney to delegate parental responsibility. A person is of sound mind if he or she has the mental capacity to understand what the Parental Power of Attorney is and its consequences. Furthermore, the individual cannot be acting under the undue influence of a third party. This means that if a person is forced to sign a Parental Power of Attorney, it will not be legitimate.
To be legally binding, the parent or guardian and a witness over the age of 18 must sign the completed Parental Power of Attorney in front of a notary.
A Parental Power of Attorney must end not more than six months after the start date identified in the document. Additionally, the parent or guardian can revoke the Parental Power of Attorney in writing at any time and for any reason. This means that even if the document states the Parental Power of Attorney is in effect for six months, the parent can take away that power at any time.
There is an exception on the time limit for military personnel who can delegate parental authority for up to one year. This exception includes active-duty members of the army, navy, air force, or marines. It also includes members of the reserves or national guard engaged in the performance of official duties.
Included in both the Will and Trust Packages, or available a la carte. View full pricing.
Begin your plan
Schedule a virtual consultation or telephone call with Nicole Pavlik. Flat-fee pricing, clear timelines, and a process designed around you.
