![]() ![]() For example, the American Academy of Pediatrics has issued a Policy Statement for the Consent of Emergency Medical Services for Children and Adolescents. In fact, they have been told not to do so. Without a “legally authorized decision-maker” doctors, hospitals, urgent care centers, dentists and other medical professionals will be reluctant to provide needed help in non-life threatening situations. What if No Power of Attorney for Care of Minor Children Document Exists? Link: 700.5103 Delegation of powers by parent or guardian. This also applies to foster parents either temporarily or permanently appointed as guardians of a child by the court. For example, if Grandma is a child’s court-appointed guardian and she wants to give power of attorney to a friend so she can go on vacation, Grandma must file a Power of Attorney for Care of Minor Children with the court who originally made her the child’s legal guardian. This means that if a court-appointed guardian (not the parent) of a minor delegates his or her powers to a third party, the Power of Attorney for Care of Minor Children must be filed with the court. (3.) If a guardian for a minor or legally incapacitated individual delegates any power under this section, the guardian shall notify the court within 7 days after execution of the power of attorney and provide the court the name, address, and telephone number of the attorney-in-fact. This means that the 6-month limit does not apply to the children of parents or legal guardians in the Armed Forces who may be stationed overseas and unable to renew the Power of Attorney for Care of Minor Children. (2.) If a parent or guardian is serving in the armed forces of the United States and is deployed to a foreign nation, and if the power of attorney so provides, a delegation under this section is effective until the thirty-first day after the end of the deployment. The Michigan statute also addresses a particular situation where the power of attorney may remain in effect for longer than 6 months: ![]() This protects them, the doctors and emergency personnel from liability for up to 6 months depending on the wording of the Power of Attorney document. This means that if grandma and grandpa have to take a grandchild to emergency, for instance, a power of attorney properly drafted and executed under the provisions of the statute can give them the legal authority to authorize care of your minor children. (1.) By a properly executed power of attorney, a parent or guardian of a minor or a guardian of a legally incapacitated individual may delegate to another person, for a period not exceeding 6 months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor child or ward, except the power to consent to marriage or adoption of a minor ward or to release of a minor ward for adoption. Michigan Law on Delegation of Powers by a Parent or GuardianĪ Michigan statute (MCL 700.5103) entitled “Delegation of Powers by Parent or Guardian” allows a power of attorney to be drafted and signed by parents which temporarily delegates parental powers to others concerning the care and custody of your minor children. Our clients feel far more confident and can enjoy time away without worrying when they know that if “things happen” there is a legal tool provided by the Michigan Legislature to deal with the situation. To help with this situation, we can draft a temporary Power of Attorney for Care of Minor Children. ![]() While you may be confident in the decision-making of your parents, in laws, or friends, doctors and other emergency medical personnel are cautious treating minors without their legal parent or guardian present. Planning a vacation, cruise or other time from home without the kids? Worried if they need emergency medical treatment while you are away? ![]()
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