A power of attorney is an important matter for anyone who wants to ensure that their affairs are managed according to their wishes in the event of their own incapacity or inability to act. A power of attorney can also be useful for children to enable quick and easy decision-making in case of emergency. This article covers everything you need to know about the topic of a “power of attorney for children.” We will explain what a power of attorney is, when and how it can be created for children, and what should be addressed in such a document. Additionally, we provide tips on drafting a legally sound power of attorney and show how to make sure the document is effective in case of emergency.
What is the purpose of a power of attorney for children?
The purpose of a power of attorney for children is to ensure that quick and uncomplicated decisions can be made in case of an emergency. The power of attorney should be created as early as possible and should address all important matters that could be relevant in the event of the child's incapacity. This includes, for example, medical decisions and financial matters.
It is important to note that a power of attorney is only effective if it has been legally created and meets all formal requirements. A legally sound power of attorney should always be drafted by an experienced lawyer or notary.
Find out more about powers of attorney with children and their applications here: Traveling with Minors: Powers of Attorney
What are the formal requirements for a power of attorney?
A power of attorney should meet the following formal requirements:
- It must be in writing.
- The document must include the full name, date of birth, and address of the principal.
- It must be signed and dated by the principal.
- The full name, date of birth, and address of the authorized representative must also be included.
- The specific tasks and areas in which the authorized representative is to act and decide must be clearly outlined in the document.
2. Creating a Power of Attorney for Children
What legal requirements exist?
A power of attorney for children is a document that parents or legal guardians can issue for their minor children. The power of attorney can be issued, for example, in case the parents or guardians are unable to perform their parental duties due to illness or accident.
There are no special legal requirements for a power of attorney for children. However, like for adults, the document should be in writing and include the full name, date of birth, and address of the principal. The full name, date of birth, and address of the authorized representative must also be included. The specific tasks and areas in which the authorized representative is to act and decide must be clearly outlined in the document.
Do children automatically have a power of attorney?
Children do not automatically have a power of attorney. A power of attorney is a document through which one determines who may act on their behalf when they no longer can. It is a simple document with far-reaching consequences. The authorized representative decides on medical treatments, bank transactions, and even on matters like selling a house or moving to a retirement home, depending on the scope of the document.
Since the beginning of 2023, however, spouses have had the right to emergency representation in health matters for a maximum of 6 months. This means that married couples and registered partners are allowed to make health decisions in a medical emergency. But: This only applies for six months and exclusively to health matters. It does not include access to financial transactions or other areas.
3. Authorized Representatives of a Power of Attorney
Who can be designated as a representative of a power of attorney for children?
A power of attorney can be issued by any fully competent person. The power of attorney must be in writing and include the name, date of birth, and address of the principal. A power of attorney can also be issued by a minor. The power of attorney must be signed and include the location and date.
There are no specific requirements for the representative of a power of attorney for children or minors. However, the representative should be a person whom the principal trusts and who is capable of fulfilling the tasks assigned to him/her.
What are the requirements for the trustworthiness and suitability of representatives in powers of attorney for children?
A power of attorney can be revoked at any time and there are no specific requirements for the representative. However, the representative should be a person whom the principal trusts and who is capable of fulfilling the tasks assigned to him/her.
4. Scope of a Power of Attorney for Children
What should be regulated in a power of attorney for children?
In a power of attorney for children, the powers of the representative should be clearly defined. The representative should be able to handle important matters for the child if the parents are no longer able to. This includes, for example, decisions about medical treatments or the choice of school routes.
What decisions need to be considered in the medical field?
In the medical field, there are many decisions that can be covered by the power of attorney. This includes, for example, decisions about surgeries or medical treatments. The choice of doctor or hospital can also be specified in the power of attorney.
What financial decisions need to be considered?
In the financial field, there are many decisions that can be covered by the power of attorney. This includes, for example, decisions about the sale or purchase of real estate or securities. The management of accounts and assets can also be specified in the power of attorney.
5. Effectiveness of a Power of Attorney in an Emergency
How often should I review and update my powers of attorney?
It is recommended to review the power of attorney regularly and update it if necessary. A review should particularly take place if personal or family circumstances change.
How is information passed on to important persons?
The power of attorney can specify who should be informed about the power of attorney. It makes sense to name important persons such as family members or close friends so that they can be informed in an emergency.
6. Creating a Legally Secure Power of Attorney
How can I create a legally secure power of attorney?
A power of attorney should be written and handwritten. It is important that the power of attorney is clearly and unambiguously formulated and covers all important points. This includes specifically the powers of the representative and the persons who should be informed about the power of attorney.
It is also advisable to have the power of attorney notarized by a notary. For example, by the online notary "beglaubigt.de". This ensures that the power of attorney is legally secure and actually effective in an emergency.
Are there samples and templates?
There are numerous samples and templates for a power of attorney on the internet. These can serve as a guide, but should always be individually customized.
A notarization of the power of attorney by a notary is not mandatory but can be useful in making the power of attorney legally secure. There are also online notaries available, such as beglaubigt.de.
Here is a sample power of attorney:
Power of Attorney
I, [Grantor], born on [Date of Birth], residing at [Address], hereby grant authority to [Attorney-in-fact], born on [Date of Birth], residing at [Address].
The Attorney-in-fact is authorized to represent me in all matters that I have checked or specified below:
[ ] Health care
[ ] Determination of residence
[ ] Financial matters
[ ] Government affairs
[ ] Mail and telecommunications
[ ] Other: ________________
This power of attorney is valid only if I am unable to manage my affairs in whole or in part due to illness or disability.
Place, Date: ______________________
Signature of Grantor: ______________________
Signature of Attorney-in-fact: ______________________
Please note that this template is only an example and may not meet your individual needs. It is advisable to seek advice from a lawyer or notary.