Parents will go to any length to ensure the safety, security, health and well-being of their children.  But one thing that parents don’t want to think about is the unthinkable; “What if something happens to us?”  Many of my articles focus on providing for the safety and security through an estate plan, but I also work with clients who want to plan for the safety and security of their children should something happen, but they do not predecease their children.

I recently worked with a couple who were planning an international vacation.  While they were out of the country, their children were to be cared for by their Aunt.  Their daughter lives with a severe peanut allergy, among other health concerns.  My clients were concerned that should there be a medical emergency, care for their children may be inhibited by their inability to give consent.  They wanted to make sure that the Aunt who would be providing care would have the authority to make discretionary decisions (medical and otherwise) if needed.

In Minnesota, parents can execute a Power of Attorney for Childcare to provide this authority to a caregiver.  This document is typically used by a parent who is going to be unavailable for a certain time period, and wants to grant authority to a non-parent (caregiver) over their child.

A power of attorney for childcare can be used to grant authority to a non-parent to obtain medical treatment for a child, sign a child up for activities or make other important decisions.  The parent granting the authority can also limit the scope of what authority is being granted.  The power being granted can be revoked at any time – even before the expiration date of the document – as long as such withdrawal it is done in accordance with statutory requirement.   A power of attorney for childcare can grant this authority for up to six months, and this does not include the power to consent to marriage or adoption of a minor.

Schromen Law, LLC works with parents to ensure these documents are in place should their children be in the care of another individual for a period of time – such as when the parent is traveling or out of town for an extended period of time.   After all, there is no such thing as “too much planning” when it comes to the safety and security of your children.

The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Schromen Law, LLC and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.


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