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I want to plan for someone to care for my children

Frequently Asked Questions

What is a Custodial Power of Attorney?

A Custodial Power of Attorney (CPOA) temporarily grants someone else the authority to make decisions for your child, such as enrolling them in school or obtaining medical care. It is an agreement between you and the person you are giving the power to, and you do not need to go to court to create it.

At least one parent should sign the CPOA, but it’s best if both parents having legal rights sign. The caretaker does not need to sign.

A CPOA can begin once both parents sign the document or upon a specified event, such as being detained by immigration authorities.

You determine the custodial powers given to the caretaker. The CPOA can grant general authority over all parenting decisions or specify particular actions the caretaker is permitted to take.

Yes, a non-parent can get a passport for your child, but it can be challenging. If both parents have legal rights to the child, both must sign the CPOA to authorize a caretaker to get a passport or travel internationally with the child. To have the caretaker obtain your child’s passport, complete this form and provide copies of both parents’ valid IDs. More information is available here.

Yes. If both parents have legal rights to the child, both must sign the CPOA to authorize a caretaker to travel internationally with the child. Additionally, provide written permission from both parents and a copy of their IDs if another adult will travel with your child. More information is available here.

In DC, the law doesn’t say you must notarize the CPOA, but it’s a smart idea. Notarizing it helps prove you gave your caretaker the power to make decisions for your child, especially if you can’t be there to confirm it.

[Note: Law for Maryland and Virginia to be checked.]

A notary public is an individual with a special license to notarize someone’s signature on a document. A notary public can be a lawyer but is not always a lawyer. A notary public often charges $10 or less to notarize a document. Please refer to [___] for a list of places that provide notary services.

You should complete two originals in English. If English is not your first language, you should also do two originals in your preferred language. Take a photo of each page of the CPOA in English and in your preferred language. Or, if possible, scan a copy for both you and the caretaker you picked. If you are getting the documents notarized, many of the places you go to get this service will make copies of the document for you if you ask.

As a parent, you can cancel or take back in writing a CPOA at any time. To cancel or take back a CPOA is called “revocation” of a CPOA. To revoke is to take back. A court may also issue an order that cancels or changes the CPOA.

Washington D.C.

In Washington D.C., you can use a custodial power of attorney to pick a caretaker for your children. You do not have to go to court to fill out these forms. The forms give the caretake the same authority as a court order. 

We recommend you make an electronic copy of all the paperwork (this can be photos of each page) and that you and the caretaker have an electronic and an original copy.

 

⦁ DC Custodial Power of Attorney Form and Frequently Asked Questions

⦁ DC Custodial Power of Attorney Revocation Form

⦁ DC El Poder de Custodia Legal, Revocación, y Preguntas Frecuentes

 

Here are checklists to help you gather other important paperwork and information that the caretaker will need. You should keep this paperwork with the custodial power of attorney.

 

⦁ Family Safety Plan Form (SPAN-ENGL) (.pdf)

⦁ Family Preparedness Checklist

 

Maryland

In Maryland, you can plan for who will take care of your kids by filling out standby guardianship papers.

For information on Standby Guardianship in Maryland, please look at: Home – Standby Guardianship Project

You can go directly to the forms here.

 

Virginia

In Virginia, you can choose a caretaker to be a standby guardian. You will need to go to court to do this.
More information is available here in Spanish and English.

 

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