Your estate plan likely includes powers of attorney that allow someone you trust to manage your medical and financial affairs if you’re unable to do so. However, have you thought about what to consider when a parent is out of town and who would care for your minor children while you’re away?
A comprehensive estate plan covers not just your needs but also those of your minor children. One way to plan for their care is by creating a Delegation of Parental Authority (DOPA), also known as a Parental Power of Attorney (Parental POA). This document gives a non-parent the authority to make certain decisions for your child when you are not present.
Why Consider a Delegation of Parental Authority (DOPA) or Parental Power of
Attorney (Parental POA)?
Children depend on their parents for nearly everything, especially when they are young. You may not realize how much your children rely on you until a parent is out of town during an extended absence. Even leaving children with a babysitter for a few hours can reveal how many essential tasks you manage. While older children may seem more independent, they still need parental permission for specific things—such as medical treatment or signing a contract—until they turn 18.
A DOPA or parental POA allows another adult, known as an agent or attorney-in-fact, to temporarily care for your child and make decisions on your behalf. This is particularly valuable when you’re out of state or country, undergoing medical treatment, on military deployment, facing possible deportation, or even during incarceration.
While a DOPA does not take away your parental rights, it does enable the designated caregiver to make important decisions. These may include taking your child to the doctor, excusing them from school, attending school activities, accessing records, and making emergency choices. Without a DOPA or parental POA, essential care could be delayed or denied if you are unreachable, and decisions may be made that don’t align with your wishes.
How Does a Delegation of Parental Authority (DOPA) Work?
The specific name and requirements for this legal document vary by state:
- Colorado: “Delegation of Power by Parent or Guardian“
- Minnesota and Idaho: “Delegation of Parental Authority”
- Washington: “Power of Attorney for Parents”
- Oregon: “Power of Attorney over a Child”
- North Dakota: “Power of Attorney for Care and Custody of Minor Child”
- Florida: “Designation of Healthcare Surrogate for Minors”
State laws dictate the terms of a DOPA, such as its duration and requirements for validation. In some states, a DOPA is valid for up to six months, while others allow it for one or two years. Some states require notarization and may also need you to notify the other parent. If the caregiver lives in another state, you may need a DOPA form from that state too.
Despite these differences, DOPAs share common features:
- Separate Forms: Each minor child needs their own DOPA.
- Revocation Rights: A parent can revoke a DOPA at any time.
- Choice of Caregiver: The agent can be any adult, regardless of family ties or citizenship.
- Parental Authority: A DOPA doesn’t remove your right to make decisions for your child; you can still override the agent’s decisions.
- Non-Transferable: DOPAs cannot be transferred to another person.
DOPA forms typically grant the agent all the authority a parent or guardian has, except for consenting to marriage or adoption. You can also restrict their powers to specific areas of responsibility.
Choosing the Right Caregiver
Choosing a caregiver for your child is a decision that requires deep trust. Consider selecting someone who understands your values and parenting style. Ensure they would make decisions similar to yours in various situations. While they can consult with you on non-emergency matters, they need the autonomy to make the best decisions if you cannot be reached.
Choosing a close friend, family member, or neighbor who shares your values can help ensure alignment on important issues. It’s also essential that the chosen caregiver is someone your child feels comfortable with, ensuring they are receptive to their authority. Discussing this arrangement with your child and explaining your upcoming trip can help ease any anxiety they may have.
Preparing for Your Absence
In addition to selecting a caregiver, take these practical steps before leaving:
- Check Recognition: Ensure schools, doctors, and other entities accept the DOPA. Some may have their own forms for accessing records or authorizing care.
- Provide Copies: Make copies of the DOPA for the agent to provide to authorities if needed. Keep a copy for yourself.
- Financial Preparation: Estimate the cost of your child’s care while you’re away and provide adequate funds or a credit card to the caregiver.
Your child’s agent should also have important information readily available, such as:
- School and teacher contact information
- Medical insurance details
- Names and contact information for healthcare providers
- Information on allergies
- Daily routines and schedules
- Contact information for friends and their parents
If your profession, travel destination, or type of trip involves potential risks, consider enrolling in the U.S. State Department’s Smart Traveler Enrollment Program. Discuss your plans for your children’s care with trusted loved ones.
Add an Up-to-Date Estate Plan to Your Travel Checklist
Traveling without your children can be stressful for both you and them. While there is no substitute for a parent’s presence, a well-drafted DOPA or parental POA can be the next best thing to ensure their care in your absence.
An updated estate plan should also include permanent guardianship arrangements for your children in case of an unforeseen event. Estate planning involves thinking ahead and putting measures in place to protect your family. Your current estate plan might need updates to address childcare and guardianship issues or reflect recent changes, such as the birth of a child, a divorce, or appointing a new guardian.
While you can’t shield your children from every possible scenario, you can minimize uncertainty with a carefully crafted estate plan. To create or update your plan, schedule a complimentary initial planning meeting with our estate planning attorney today.
