Periods of uncertainty can heighten anxiety about both the future and the present. For many parents, planning and preparation are grounding ways to regain a sense of stability when circumstances feel unpredictable.
One concern parents often raise is the fear of being unexpectedly unavailable and wanting to ensure their child would be cared for without disruption or confusion. In situations like this, advance planning can make a meaningful difference for both parents and children.
One option that families may consider is a Childcare Power of Attorney. This is a legal document that allows a parent to temporarily authorize a trusted adult to care for their child if the parent cannot do so. The authority granted can include making day-to-day decisions, consenting to medical care, managing school enrollment or activities, and responding to emergencies.
Importantly, a Childcare Power of Attorney does not transfer custody and does not terminate or diminish parental rights. The parent remains the child’s legal parent at all times. The document is temporary, can be tailored to specific circumstances, and can be revoked by the parent at any time.
This type of planning is often misunderstood or confused with guardianship, but the two are very different. A Childcare Power of Attorney is a voluntary, parent-driven tool that does not require court involvement. It allows parents to retain control while putting a short-term safety net in place.
Guardianship, by contrast, is a court-ordered legal status in which a judge appoints someone to make decisions for a child when a parent is unable – or deemed unfit – to do so. Guardianship can significantly limit or suspend a parent’s decision-making authority and typically involves ongoing court oversight. Ending a guardianship often requires additional legal proceedings.
Because a Childcare Power of Attorney does not involve the courts and does not remove parental rights, it is commonly used in situations such as extended travel, military deployment, hospitalization, or in order to plan proactively for other circumstances where a parent may be temporarily unavailable. It can help prevent unnecessary state intervention during already stressful moments and provide continuity of care for a child.
In the best-case scenario, a Childcare Power of Attorney is never needed. In the worst-case scenario, it helps ensure that a child remains in safe, familiar, and trusted hands – cared for according to a parent’s wishes – while the parent focuses on addressing their own circumstances.
Planning ahead cannot eliminate fear or uncertainty, but it can help protect what matters most: a child’s safety, stability, and well-being.
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.