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

This guide includes two forms you can use as part of a plan to care for your children if you become unavailable. The two forms do different jobs and work best together.

• Use the Parents' Intention for Care of Minor Child form to tell others who you want to care for your child, how to contact you, and what your wishes are if you cannot be reached. This can make your wishes clear in an emergency and may help avoid confusion or foster care placement if Child Protective Services becomes involved. There's no guarantee that CPS will follow your wishes, but it's more likely if your wishes are known. 
• Use 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.

What is a Power of Attorney (POA) for parents?

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). You can also name a backup choice, called an alternate, in case your original choice for agent isn’t immediately available or can’t do it anymore.

How long does a POA last?

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’re physically unavailable to care for your child.  

It’s safest and easiest to have it start immediately. You still keep the right to care for your child so long as you’re available.

If your POA doesn’t start until you’re physically unavailable to care for your child, your agent may have trouble using the POA when they need it. Your agent might be asked for proof (or certification) that they have the right to use the POA. Our Agent’s Certification about Power of Attorney  form may help them do this. 

After it ends (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.

Can I cancel the POA if I change my mind?

Yes! You can cancel (revoke) the POA at any time before the POA 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). 

Who can I appoint as my POA? 

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. 

Who signs it? 

The children’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)

Does it need to be notarized?

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 can't be your relatives. They can't be your care providers.