Non-Durable Power of Attorney for Child Care

Function

• The primary function of a non-durable power of attorney for child care is to designate a specific agent to make important decisions on behalf of your child in your absence. For example, if your child needs emergency medical care, an agent with your power attorney stands in on your behalf in your absence.
  
  

Time Frame

• A non-durable power of attorney for child care lasts until you cancel the instrument, become incapacitated or die. (A durable power attorney continues in effect if you become incapacitated, but not if you die.)
  
  

Considerations

• In selecting the agent for a non-durable power of attorney for child care, you need to pick a person you trust and who relates well to your children.
  
  

Benefits

• The benefits of this type of power of attorney include peace of mind. You do not need to worry (as much) that appropriate decisions will be made on behalf of your children in your absence.
  
  

Misconceptions

• A misconception associated with a non-durable power attorney for child care is that the authority in such a document is akin to a "temporary" guardianship. In fact, a guardianship provides the person appointed as a guardian a great deal more power and authority.