What Is a Virginia Minor (Child) Power of Attorney?
A Virginia minor (child) power of attorney lets a legal guardian or parent delegate temporary caregiving authority to another adult, known as the agent. A legal guardian or parent uses this form when they anticipate they won’t be able to provide the necessary care for their child.
The parent maintains custody of the child and does not terminate their parental rights. Instead, they choose which authorities the agent gains for a short period. They may assign powers granting the agent the authority to enroll the child in school, travel with them, or seek medical care.
Seeking Permanent Guardianship of a Minor in Virginia?
If you’re seeking permanent guardianship of a minor, a VA minor POA won’t meet your needs. Instead, you must file Form CC-1653 with the Circuit Court.
Requirements for a Minor Power of Attorney in Virginia
Virginia state law provides a statutory form for a minor (child) power of attorney in VA Code § 20-167. This form contains fields for the following information:
- The child(ren)’s full legal names and birth dates
- The parents’ or guardians’ full legal names
- Designation of the agent or attorney-in-fact
- Scope of powers (broad and specified authority)
- Powers that are always excluded (consent to marriage, consent to adoption, abortion decisions, and termination of parental rights)
- Protection of existing court orders
- Statement of lawful purpose
- Duration of the minor POA
You can use this statutory form or one that’s substantially similar, like Legal Templates’s guided form.
Once you fill out your minor POA for Virginia, you must sign it as the parent or legal guardian. Under Virginia law, both parents or any guardians must sign the form for it to be effective. Then, you must also collect signatures from the attorney-in-fact and a representative of a licensed child-placing agency (if applicable). A notary public must acknowledge all of these signatures, per VA Code § 20-167.
Recording the child power of attorney in Virginia is not required. It will be valid as long as you execute it properly per state law. You may revoke this power of attorney at any time with a Virginia revocation power of attorney form.
Sample Virginia Minor Power of Attorney
See an example of a Virginia minor power of attorney to better understand how to write your own. Then, create a customized document that you can download in PDF or Word format.
When Does a Virginia Minor Power of Attorney Expire?
A Virginia minor power of attorney is valid for 180 days. You can record an effective start and end date in your document if you want it to terminate earlier. If you’re a service member who will be on active duty for more than 180 days, you can create a minor power of attorney that’s valid for the length of your active duty plus 30 days (VA Code § 20-166).
