You can also give them the power to access, review, and correct school-related information about your child that would otherwise be protected under privacy laws. For example, a DPA can give the agent the power to enroll your child in day care or school, camp, tutoring, or other educational activities, and to sign permission slips for field trips. Through a DPA, you can also give your agent power to make decisions about your child’s education and child care. Power to Enroll in School and Other Activities If the agent does not have a DPA, doctors cannot provide care to your child without your consent unless your child’s life is in danger. Giving your agent a valid DPA means that while you are away, your child can have non-emergency treatment without delay. However, a child’s parent must consent before a doctor can provide non-emergency medical care, dental care, or surgery for the child. In a life-threatening medical emergency, a doctor may treat a child without a parent’s consent. One of the most important powers you can give your agent in a DPA is the ability to consent to medical treatment for your child while you are gone. Power to Consent to Non-Emergency Medical Treatment With a DPA, the parent decides what parental powers to give the agent.
Your agent could be a relative, friend, or another adult you trust to take care of your child. An agent is someone whom you give legal power to make decisions that only you could usually make. The person you give a DPA to is called your agent. You are entering drug treatment or going to jail for less than 180 days You are concerned that you may be detained by immigration authorities, and want to name someone to care for your child if that happens You want to give your child’s stepparent permission to take your child to the doctor Your child’s caregiver is taking your child to the doctor or dentist in your absence You know you will be hard to reach while you are gone You may also want to consider preparing a DPA when you are leaving your child in a non-parent’s care under any of these circumstances: In other words, even if there is a DPA, if you are present to make decisions for your child, the caregiver does not have the right to interfere.Ī DPA is often used when parents go on a trip without their children or when a parent is deployed in the armed forces. The DPA only gives the caregiver this power while you are gone. When you are away, a DPA gives your child’s caregiver the legal power to make decisions for your child that normally would be made only by you or your child’s other parent. To learn more about the difference between DPAs and guardianship, read the “Should I Consider Guardianship for My Child?” section at the end of this article. Creating a DPA allows you choose the person who will care for your child, and lowers the chance that someone can get a guardianship over your child without your permission. Once a guardianship is in place, ending or changing it will mean going to court and getting a judge to agree.
Guardianships always involve going to court. You are in control over the terms of a DPA, and you do not need to go to court to end or change it. This becomes more likely the longer you are away from your child. If you leave your child with someone who is not their parent and do not sign a DPA, that person may be able to go to court to get guardianship over your child. You must have legal custody (sole or joint) to use a DPA. As a parent, you can use a legal document called a Delegation of Parental Authority (DPA) to give another person temporary power to make decisions for your child when you are away. This is especially important for decisions involving medical care. When a parent leaves their child in someone else’s care, it is often a good idea to transfer their parental powers to the child’s caregiver on a short-term basis. When Should I Consider Using a Delegation of Parental Authority?Īs a parent, you have the legal power to do the following things for your child:ĭecide where and when your child goes to the doctorĬonsent to medical treatment for your childĭecide where your child will go to schoolĪnyone who is not your child’s parent cannot do these things unless there is a valid legal document or court order giving these powers to them. To do this, you can prepare a Delegation of Parental Authority. If you are going on a trip or will be difficult to reach for any reason, it is important to give your child’s caregiver temporary legal power to make decisions for your child. Sometimes you may need to leave your child with a non-parent.
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