Does Power of Attorney Get Child Visitation?

Power of attorney refers to the legal action of granting someone, called an "agent," or an "attorney-in-fact," the authority to act on your behalf. You can also grant power of attorney for your children to an agent, who will take control over decisions for your children and retain custody. While power of attorney for children most commonly begins upon the death of the parents, you can also grant an agent control permanently or temporarily for a variety of other reasons, even if you are still living. You can also limit the amount of power the agent has---called limited or special power of attorney---and allow him to handle only one aspecft or limited aspects of your children's lives.

Power of Attorney and Child Visitation

When Power of Attorney Begins

You can choose the date that your agent's power will go into effect. Many choose for the agent to take over their affairs not on a specific date, but instead at the time they become mentally or physically incapacitated, or upon death. You can also grant temporary power of attorney, which takes effect on the date that you have previously chosen, or when the condition you have outlined is met, and ends on the date you previously chose or at any time you decide to revoke your agent's power in writing.

Children and Power of Attorney

If you are the sole caretaker of your children, you can select an agent and give her power of attorney over your children. This will allow the agent to handle all decisions regarding your children, including their education and medical care, and to handle their monetary assets. She will also be responsible for the day-to-day decisions about your children's care. You can also draft a power of attorney to specifically limit the power to certain areas, such as medical care. You can invoke and revoke this power of attorney in writing at any time, or choose a predetermined date or event when the agent would take responsibility.

Your Rights as a Parent

Even when you appoint an agent for your children, you retain certain rights that the agent doesn't control. The agent cannot give your children up for adoption, nor can he grant custody to someone else (even the other parent), terminate your parental rights, or take custody himself. He also cannot give permission for your children to enter into a contract that would require parental permission from you, like purchasing a vehicle, getting married, or selling the children's own property or assets. Lastly, the agent cannot make religious decisions for your children; for instance, they cannot have your children baptized in a Catholic church when you are raising them in the Jewish religion.

Power of Attorney and Child Custody

When you give an agent power of attorney over your children, she will also be given sole legal and physical custody of the child. This is why power of attorney is usually drafted with the condition that it begin upon the death of the parents, although a temporary power of attorney can also be drafted to give the caregivers or babysitters of children the power to care for the children while the parents are temporarily unable to do so themselves, either because of an illness or injury, family emergency, work-related business, or a vacation. Keep in mind that in most states, if you are separated from your children's other parent, the surviving parent will be given custody automatically upon your death, regardless of any power of attorney or other instructions you have left behind for another individual to take over their custody and care.

Child Visitation

If you are granting power of attorney to an agent on a temporary basis because of, for example, an illness or injury that renders you unable to care for your children while you recover, you can specify that you have visitation rights to ensure you can still see your children on a regular basis. Otherwise, there are no specific rights that protect you in the event you would like to see your children while they are under the care of the agent you have chosen. Of course, you should select an agent whom you know and trust, who would be more than willing to allow you to see your children whenever you can. Remember, if at any time you feel the agent is acting inappropriately or you simply want to retain custody and control of your children again, you can revoke the power of attorney at any time by furnishing the agent with a written document stating your intent to revoke it immediately.

References

• Power of Attorney ('Lect Law)
• Durable Power of Attorney (FindLaw)