Power of Attorney Form Georgia for Kids

DOCUMENT CONTROL AND SPECIFICATIONS

DOCUMENT TITLE: Georgia Statutory Power of Attorney for the Care of a Minor Child DOCUMENT ID: GA-POA-MIN-2024-001 EFFECTIVE DATE: [Effective Date] VERSION: 1.0.0 GOVERNING JURISDICTION: State of Georgia, United States STATUTORY REFERENCE: Official Code of Georgia Annotated (O.C.G.A.) § 19-9-120 et seq.

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STATUTORY & LEGAL COMPLIANCE NOTICE

NOTICE TO PARENT/GUARDIAN: THIS IS A LEGAL DOCUMENT. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE INDIVIDUAL YOU DESIGNATE (THE "AGENT") THE POWERS REGARDING THE CARE, CUSTODY, AND CONTROL OF YOUR MINOR CHILD(REN). THESE POWERS ARE GRANTED IN ACCORDANCE WITH THE "POWER OF ATTORNEY TO CARE FOR A MINOR CHILD ACT" UNDER GEORGIA LAW. THIS DOCUMENT DOES NOT DIVEST THE PARENT OR LEGAL GUARDIAN OF ANY RIGHTS; HOWEVER, IT ALLOWS THE AGENT TO ACT IN YOUR STEAD. THIS DOCUMENT MAY BE REVOKED AT ANY TIME BY THE PARENT OR GUARDIAN.

NOTICE TO AGENT: BY ACCEPTING THIS DESIGNATION, YOU ASSUME A FIDUCIARY DUTY TO THE MINOR CHILD(REN). YOU ARE RESPONSIBLE FOR ACTING IN THE BEST INTERESTS OF THE CHILD(REN). YOU MAY BE HELD CIVILLY OR CRIMINALLY LIABLE FOR ABUSE, NEGLECT, OR ABANDONMENT.

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1. PARTIES & RECITALS

This Power of Attorney for Care of Minor Child (this "Agreement" or "Power of Attorney") is entered into as of [Effective Date] (the "Effective Date") by and between:

PARENT/LEGAL GUARDIAN ("Principal"): Full Legal Name: [Parent Full Legal Name] Residential Address: [Principal Address] County of Residence: [County Name]

AGENT (The "Agent" or "Attorney-in-Fact"): Full Legal Name: [Agent Full Legal Name] Relationship to Child: [e.g., Grandparent, Aunt, Family Friend] Residential Address: [Agent Address] County of Residence: [County Name]

MINOR CHILD(REN) SUBJECT TO THIS INSTRUMENT:

1. Name: [Child 1 Name], DOB: [DOB]
2. Name: [Child 2 Name], DOB: [DOB]

RECITALS: WHEREAS, the Principal has legal and physical custody of the Minor Child(ren) listed above; WHEREAS, the Principal is temporarily unable to provide primary care for the Minor Child(ren) due to [Reason, e.g., military deployment, illness, incarceration, or work assignment]; WHEREAS, the Principal desires to delegate certain parental authority to the Agent pursuant to O.C.G.A. § 19-9-120; NOW, THEREFORE, the Principal hereby grants the following powers to the Agent:

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2. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

2.1 Scope of Authority & Engagement

The Principal hereby appoints the Agent as the true and lawful Attorney-in-Fact for the Principal to act in the Principal’s name, place, and stead. The Agent is authorized to perform any and all acts necessary for the welfare of the Minor Child(ren), including but not limited to: (a) Enrolling the Minor Child(ren) in school and extracurricular activities. (b) Accessing and obtaining copies of school records and other educational materials. (c) Providing consent for medical, dental, and mental health treatments, including emergency surgery and hospitalizations. (d) Providing for the Minor Child(ren)'s food, lodging, and recreation. (e) Executing any and all documents required by the State of Georgia or any political subdivision thereof for the benefit of the child.

2.2 Compensation, Maintenance & Support

(a) Agent Compensation: Unless otherwise agreed in a separate writing, the Agent shall serve without direct compensation for services rendered. (b) Child Support/Expenses: The Principal remains legally responsible for the financial support of the Minor Child(ren). The Principal shall provide the Agent with [Amount in USD] per [Month/Week] for the maintenance of the Child(ren). (c) Reimbursement: The Agent shall be entitled to reimbursement from the Principal for all reasonable out-of-pocket expenses incurred in the care of the Minor Child(ren), provided the Agent maintains accurate receipts and records.

2.3 Term & Termination

(a) Term: This Power of Attorney shall commence on the Effective Date and shall remain in full force and effect until [Termination Date], or one (1) year from the Effective Date, whichever occurs first, unless revoked earlier. (b) Revocation: The Principal may revoke this Power of Attorney at any time by delivering a written "Notice of Revocation" to the Agent and any third parties (schools, doctors) who have received a copy of this instrument. (c) Automatic Termination: This instrument terminates immediately upon the death of the Principal or the death of the Minor Child(ren).

2.4 Proprietary Information & Records Ownership

All records created by the Agent in the course of exercising this Power of Attorney, including but not limited to medical records, educational assessments, and journals of care, are "Work Made for Hire" for the benefit of the Principal. The Principal retains exclusive ownership of all data, records, and information pertaining to the Minor Child(ren). The Agent shall deliver all such records to the Principal upon termination of this Agreement.

2.5 Mutual Confidentiality & Non-Disclosure

The Agent shall maintain the absolute confidentiality of the Minor Child(ren)’s medical, psychological, and personal information. The Agent shall not disclose any sensitive information to third parties except as required for the child’s care, education, or by operation of law. This obligation survives the termination of this Agreement.

2.6 Representations & Warranties

The Principal represents and warrants that: (a) They have the full legal capacity and authority to execute this document. (b) There are no court orders, divorce decrees, or custody agreements that prohibit the Principal from delegating this authority. (c) The Agent is a fit and proper person to care for the Minor Child(ren).

2.7 Limitation of Liability & Indemnification

(a) Limitation: The Agent shall not be liable to the Principal for any error of judgment or for any loss arising out of the Agent’s exercise of power, provided the Agent acted in good faith and within the scope of authority. (b) Indemnification: The Principal agrees to indemnify and hold the Agent harmless from any and all claims, damages, or liabilities arising from the Agent’s good-faith performance of duties under this Agreement, except in cases of gross negligence or willful misconduct.

2.8 Dispute Resolution & Arbitration

Any dispute arising out of or relating to this Power of Attorney shall be resolved through binding arbitration in [County Name], Georgia, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney’s fees and costs.

2.9 Governing Law & Jurisdiction

This instrument shall be governed by, construed, and enforced in accordance with the laws of the State of Georgia, without regard to conflict of law principles. Exclusive jurisdiction for any legal action shall lie in the Superior Court of [County Name] County.

2.10 Miscellaneous Provisions

(a) Severability: If any provision of this instrument is held invalid, the remainder shall continue in full force. (b) Entire Agreement: This document constitutes the entire agreement between the parties regarding the delegation of parental authority. (c) Counterparts: This document may be executed in counterparts, each of which shall be deemed an original.

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3. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE PARENT/LEGAL GUARDIAN (PRINCIPAL):

Signature: _____________________________________ Printed Name: [Parent Full Legal Name] Title: Parent / Legal Guardian Date: [Date]

FOR THE AGENT (ATTORNEY-IN-FACT):

Signature: _____________________________________ Printed Name: [Agent Full Legal Name] Title: Agent / Attorney-in-Fact Date: [Date]

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NOTARY ACKNOWLEDGMENT

STATE OF GEORGIA COUNTY OF [COUNTY NAME]

Personally appeared before me, the undersigned officer duly authorized to administer oaths, [Parent Full Legal Name] and [Agent Full Legal Name], who, after being duly sworn, state that they executed the foregoing instrument for the purposes therein stated.

Sworn to and subscribed before me this ______ day of ________, 20.

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Notary Public, State of Georgia My Commission Expires: [Date] (Seal)

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WITNESS ATTESTATION

(Two witnesses, neither of whom may be the Agent, are required for best practice in Georgia)

Witness 1: Signature: ___________________________ Printed Name: ________________________ Address: _____________________________

Witness 2: Signature: ___________________________ Printed Name: ________________________ Address: _____________________________

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4. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation: Open this document in Microsoft Word or Google Docs. Use the "Find and Replace" function to locate all bracketed fields (e.g., [Parent Full Legal Name]) and input the specific factual data.
2. Verify Authority: Ensure no existing court order (e.g., a Divorce Decree or DFCS Safety Plan) prohibits the delegation of parental authority. If the child is subject to a custody order, the other parent may need to be notified or provide consent.
3. Witnessing & Notarization:
   • Crucial: Do NOT sign this document until you are in the presence of a Notary Public and two (2) disinterested witnesses.
   • The Parent and the Agent should both be present to sign simultaneously to ensure the "Acceptance of Appointment" by the Agent is clear.
4. Digital Signature Note: While Georgia law is increasingly accepting of digital signatures (e-Sign), many school districts and medical providers in Georgia still require "wet-ink" notarized originals. It is highly recommended to execute at least three (3) original wet-ink copies.
5. Distribution:
   • Original 1: Retained by the Agent (to show to schools/doctors).
   • Original 2: Retained by the Parent.
   • Copies: Provide copies to the child's pediatrician, dentist, and school administration.
6. Record Retention: Maintain this document in a fireproof safe or secure digital vault. If the POA is revoked, the Parent must collect all copies from the Agent and notify all third parties immediately in writing.