Instructions for delegation of power by parent or guardian 2025

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Under a power of attorney for a child, the person caring for your child is able to act as a parent or guardian in your absence. However, the power of attorney document does not terminate your parental rights or transfer custody to the agent and does not prevent you from continuing to make decisions for your child.
A Delegation of Parental Authority (DOPA) is a document that lets someone take care of your children when you cant. The person you give this permission to is called an Attorney-in-Fact. A DOPA gives permission for someone else to make decisions about your childs care, custody, and property.
(a) A parent who has custody, or a guardian, of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any power regarding health, support, education, or maintenance of the person or property of the minor child or ward, except the
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
All guardianships are subject to court oversight to protect the wards best interests. Guardians have authority over the wards personal, financial, or medical matters, giving them a broad scope of decision-making power, often greater than that of a Power of Attorney.
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(g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who dies or was adjudged incapacitated has priority.

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