Custodial Power of Attorney Law & Legal Definition

A custodial power of attorney for a minor is a power of attorney used when a child’s parent or legal guardian temporarily appoints another adult to manage affairs for their minor child. A custodial power of attorney is a legal document which gives another person authority to take care of a minor child when hardship or other factors prevent the child’s parent(s) or legal guardian from taking care of the child.

Power of Attorney for a minor is discussed in Tennessee Code Annotated under Title 34 Guardianship. The Section as it appears in Tenn. Code Ann. § 34-6-302:

(a) (1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to:

(A) The serious illness or incarceration of a parent or legal guardian;

(B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or

(C) The loss or uninhabitability of the child's home as the result of a natural disaster.

(2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.

(b) The power of attorney for care of the minor child shall be signed and acknowledged before a notary public by the parent.

(c) For purposes of this part the term "parent" includes a legal guardian or legal custodian of the minor child.