Plan for someone else to care for your child if you can't

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Authored By: Northwest Justice Project

Parents: You can say what you want to happen if you're not available to care for your child under age 18, or their property. Without going to court, you can give Power of Attorney (POA) for Parental Powers to the person who will care for your child. You might need this if you’ll be temporarily unavailable. For example, you might be worried about deportation, going to jail or prison, deployed by the military, or getting long-term medical treatment. Power of Attorney for Parents is a free, effective alternative to Minor Guardianship that takes much less time when everyone agrees.#3105EN

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 Fill out Parents' Intention and Parents' Power of Attorney forms
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It’s simple: we ask you questions and use your answers to complete your forms. Link takes you to a separate website.

Frequently Asked Questions (FAQ)

You can use the Parents' Intention for Care of Minor Child form so that your wishes are clear about who you want to care for your child if you're not available. For example, if the child is picked up by Child Protective Services and you can't be reached, this form can help CPS avoid placing your child in foster care. There's no guarantee that CPS will follow your wishes, but it's more likely if your wishes are known.

Fill out one form for each child. It includes the name and contact information for your chosen caregiver, and for yourself or someone who can contact you. Give this form to your caregiver and keep a copy with other important papers for the child.

You can also fill out the Durable Power of Attorney (POA) for Parental Powers to give your chosen caregiver temporary legal authority to take custody and handle your child's health care, child care, school, activities, travel, and property.

In Washington State, you can give someone Power of Attorney (POA) when you won’t be available or able to care for any children under age 18 for whom you’re legally responsible. You can give someone POA for as little as one day or as long as 2 years.

You give someone POA by filling out and signing a Power of Attorney form. The person you give POA to is called the "Agent." The POA form says exactly what powers you are giving the agent, and for how long (up to 2 years).

Fill out one POA for each child. Give the POA to your Agent and keep a copy with with other important papers for the child. You can also keep a folded copy in a plastic bag in your child's backpack for emergencies.

The POA is a legal document. Schools, doctors, banks, and so on should recognize and honor it.  If they don't, the person with your POA can ask to speak with their legal department and point out Revised Code of Washington (RCW) 11.130.145. POAs for broad parental powers are still new. Before Washington State passed the POA law in 2020, a parent could sign a power of attorney only to let another person make medical decisions for their children.

This POA can last for up to 2 years from the date it starts. You can have it start immediately, or only if and when you are physically unavailable to care for your child.

After it expires, you may need a new POA, or someone might need to seek a more permanent arrangement. This might include a court order for minor guardianship.

Yes! You can cancel (revoke) the POA at any time before the POA ends (expires). You should do this in writing and give a copy of the revocation to anyone who has a copy of the POA to make sure everyone knows it’s no longer good (it's no longer valid).

You can appoint any adult. But it's important to talk to the person you'll name as caregiver/agent, to confirm that they're willing and able to care for your child for as long as needed. Discuss your wishes with this person and make sure that they understand what they may need to do if you're unavailable. If you have more than one child, you could name different caregiver/agents for each child.

If you can, pick someone who is:

  • Over age 18
  • Able to take care of the children (emotionally, financially, and however else you want)
  • Someone who will carry out your wishes for the children
  • Documented (ideally US Citizen)
  • Local – able to physically get to the children quickly if needed. 

If your preferred caregiver/agent is far away, you can also name someone local as an alternate, to care for the child until the caregiver can get to them. 

The child's legal parent or parents must sign the POA. If only one parent is signing, explain why in the POA section on "Parent's Authority." It may be less effective if both parents don't sign. 

If only one person has been legally established as a parent, then only that parent needs to sign. 

The birth certificate should name the child's legal parent or parents. This includes people who:

  • Gave birth to a child (except surrogates)
  • Signed a valid acknowledgment of parentage
  • Have a court order that says they're a parent (parentage or adoption)
  • Were married to the birth parent when the child was born (or conceived)

It's not required, but it's a good idea. Check with the school, doctor, bank, and so on. Make sure they will accept a POA that hasn't been notarized. For some financial matters or federal agencies, such as Social Security, you may need it notarized.

If you don't have the POA form notarized, you must have two witnesses also sign it. The witnesses cannot be your relatives. They cannot be your care providers. 

You might be able to sign a new POA before the original one expires. The law doesn't necessarily allow for that.  

If you don't do this, someone might need to file a court case asking for guardianship of your children.

Your children's school or doctor might have their own form to allow other people to access your children's records, pick your children up from school, or get care for your children. Ask about those things and fill them out for your children to make sure you've covered everything.

Give the original to the person you named as your Agent in your POA. Give a copy to anyone you named as an alternate.

Keep an extra copy in a file or labeled box with your other important documents for the child. Tell your Agent where to find these important documents in case you can't be reached.

Keep a separate file or box for each child's important papers and store it in a safe place in your home. Tell your chosen caregiver/agent or others in your household, such as an older child, where to find these files if needed. 

Try to include these papers in each child's file or box:

  • Child's birth certificate and social security card
  • Child’s passport – try to get one if you don't have it already. For dual citizens, try to get a passport from both countries.
  • Child's school, daycare, or afterschool care contact info and address  
  • Child's doctor/s and dentist names and contact info
  • Child’s immunization records – try to get them up to date
  • Child’s medical records, especially for medications, allergies, disability services, or equipment
  • Parents' Intention for Care of Minor Child
  • Power of Attorney for Parental Powers
  • Any court orders about the child. Examples: Parenting Plan, Protection Order, Parentage Order, Acknowledgment of Parentage
  • Death certificate of the other parent, if they've died

This is not a complete list. 

The Legal Counsel for Youth and Children (LCYC) has tips for getting some of these documents and other helpful information on preparing for a parent's possible absence in their Immigrant Safety Plan for Youth and Children

If both parents don't agree

Try to talk to a lawyer who does family law. If the child’s other parent has the right to time with the children, they might argue that they should have custody, and you shouldn’t give POA to a non-parent.

If you can, try to talk to the other parent before you leave or become unavailable to care for your children. Ask them if they will agree with and sign the POA. If they refuse, fill out the POA section about "Parent's Authority" very carefully.

If the other parent isn’t involved in the children’s life, you can do a POA appointing whomever you want in your absence. But be aware: the other parent could return and try to get custody of the children. A court could get involved.

Get Legal Help

Visit Northwest Justice Project to find out how to get legal help. 

Form: Parents' Intention for Care of Minor Child

Form: Durable Power of Attorney (POA) for Parental Powers

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Last Review and Update: Feb 11, 2025
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