Special Child Power of Attorney to Permit a family Member to care for a minor child NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

Special Child Power of Attorney to Permit a family Member to care for a minor child

     NJ Statute 3B:12-39 Delegation of parents or guardians powers regarding care, custody & property of children

       A parent, other than where custody of a minor has been awarded by a court of competent jurisdiction, with the consent of the other parent, if the latter is living and not an incapacitated person or a guardian of the person of a minor or an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any of his powers regarding care, custody, or property of the minor child or ward, except his power to consent to marriage or adoption of a minor ward.

Commonly Asked Questions

1)  What is a Child Power of Attorney?

A Power of Attorney is a document that allows you to give someone else the authority to care for and make decisions about your child or children.

2)  Do I need to complete a separate form for each of my children?

YES

3)  In the Power of Attorney, what is the person who would get the authority to care for my child or children called?
An “Attorney in Fact”

4)  Does the “Attorney in Fact” have to be an attorney? Does the “Attorney in Fact” have to be a person with some legal immigration status?
NO – An “Attorney in Fact” does not have to be an attorney. You can appoint any adult (18 years of age or over) who you trust and with whom your child/ren would feel comfortable. It is preferable if you appoint someone with legal immigration status, but it is not necessary.

Source: http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf

5)  What can an “Attorney in Fact” do?

The Power of Attorney allows you to give someone else the authority to do the following: (1) care for and provide for your child, (2) make medical and educational decisions, (3) approve and arrange for travel plans, (4) and handle any financial matters in which your child may be involved.

You can specify which of these authorities you wish to delegate. You can check only some or you can check all of them. However, if you want the person to be able to fully care for your child if you are not able to do so, then you should check off all of the specific authorities.

6)  Does the Power of Attorney have to be signed by both parents?

The Power of Attorney is best when signed by both parents. However, if that is not possible, you should still complete the form to the best of your ability. The form includes a section where one parent can explain why the other is not signing.

7)  Does the Power of Attorney have to be witnessed?

In order to ensure the validity of the Power of Attorney, it should be witnessed by two people. These people do not have to have any immigration status, but they should be over 18 years old. However, if you cannot find any adult to witness your signature, or can only find one adult, you should still complete the form to the best of your ability. The person you use to notarize the document cannot also be a witness.

8)  Does the Power of Attorney have to be notarized?

In order to ensure the validity of the Power of Attorney, it should be signed in front of an Attorney or notary

9)  Does the Attorney in Fact need to sign the Power of Attorney?

NO

10)  Can someone other than a parent initiate a Power of Attorney?

YES – A person who has legal guardianship can enter into a Power of Attorney, and a person who has legal custody (as opposed to legal guardianship) may also be able to do so. You should complete the form if you are concerned about who will care for the child/ren in your care if you are unable to do so.

For how long is the Power of Attorney in place?

The Power of Attorney is only good for 6 months, but you can complete

more than one.

 Do I lose my authority as a parent if I enter into a Power of Attorney?

NO – While a Power of Attorney is in place, both the parent(s) and the “Attorney in Fact” can make decisions on behalf of the child.

 How can I end a Power of Attorney?

You can end (“revoke”) the Power of attorney at any time. To revoke, you simply put in writing that you are revoking the Power of Attorney. It is best if the revocation is witnessed and notarized just like the Power of Attorney, but this is not necessary.

 Once a Power of Attorney form is finalized, who should keep the original document?

The Attorney in Fact should keep the original notarized document and the parent should keep a copy. It may also be useful to give copies to the children and/or other close family friends or relatives.

 Will the Power of Attorney keep DCPP (child welfare officials) from taking custody of my child?

The Power of Attorney shows that you made a plan for someone else to care for your child if you could not. However, if DCPP has concerns about the welfare of your child, it may still act to protect the child.

 Is this Power of Attorney good in other states?

NO – This power of attorney is only good for New Jersey. Do not share it with family members in other states. If you have family members outside of New Jersey, they should look for similar documents in their home state.

Source http://www.njtesol-njbe.org/advocacy/FAQsPowerofAttorney3-3-17.pdf

Examples:

I/we appoint said attorney in fact, pursuant to the provisions of N.J.S.A. 3B:12-39, and delegate to said attorney in fact the following powers concerning the care, custody and property of my/our child

________________________________________________________________________(“the child”), born on __________ day of _______________________, 20____.

____ Care-Giving. The attorney in fact shall have temporary care-giving authority for the child, until such time as the child is returned to our/my physical custody, or his/her custody status is altered by a federal, state, or local agency; or changed by a court of law.

____ Well-Being. The attorney in fact shall have the power to provide for the child’s physical and mental well-being, including but not limited to providing food and shelter.

____ Education. The attorney in fact shall have the authority to enroll the child in the appropriate education institutions; obtain access to the child’s academic records; authorize the child’s participation in school activities; and make any and all decisions related to the child’s education, including, but not limited to, those related to special education.

If the first three authorities are checked this shall mean that the child’s parent/guardian is not capable of supporting or providing care for the child due to family or economic hardship.

____ Health Care. The attorney in fact shall have the authority, to the same extent that a parent would have the authority, to make medical, dental, and mental health decisions; to sign documents, waivers and releases required by a hospital or physician; to access medical, dental, or mental health records concerning the child; to authorize the child’s admission to or discharge from any hospital or medical care facility; to consult with any provider of health care; to consent to the provision, withholding, modification or withdrawal of any health care procedure; and to make other decisions related to the child’s health care needs.

_____ Travel. The attorney in fact shall have the authority to make travel arrangements on behalf of the child for destinations both inside and outside of the United States by air and/or ground transportation; to accompany the child on any such trips; and to make any and all related arrangements on behalf of the child, including but not limited to, hotel accommodations.

_____Financial Interests. The attorney in fact may handle any and all financial affairs and any and all personal and legal matters concerning the child.

_____ All Other Powers. The attorney in fact shall have the authority to handle and engage in any and all other matters relating to the care, custody and property of the child which are permitted pursuant to applicable state law.

Either parent/guardian reserves the right to revoke this Power of Attorney at any time.

Signatures of Parent(s)

______________________________________________ Signature of Mother

______________________________________________ Signature of Father

______________________________________________ Signature of Guardian

____________________________________________ Date signed by Mother

_____________________________________________ Date signed by Father

_____________________________________________ Date signed by Guardian

source at http://www.njtesol-njbe.org/advocacy/EmergencyPlanning3-3-17.pdf