Georgia Power of Attorney for the Care of a Child: A Family Plan Guide

Georgia Power of Attorney for the Care of a Child: A Family Plan Guide

Many parents in Gwinnett County and metro Atlanta are asking the same question: if I am suddenly unable to care for my children for a while, who can pick them up from school, sign a medical form or enroll them in classes? Georgia law gives parents a written tool for this, called a Power of Attorney for the Care of a Child. This guide explains what the law says, who can be named, when it cannot be used and the steps to make it valid. It is general information, not legal advice for your family.

What this document does

Under Georgia law, a parent can give an adult the temporary authority to care for a child under 18 without going to court (O.C.G.A. 19-9-120 to 19-9-134). The person you name is called the agent. The agent can act for the child, for example with schools and doctors, while the document is in effect.

There are limits. A parent cannot give the agent the power to consent to the child's marriage or adoption, to an abortion, or to ending parental rights. The document also does not change any existing court order about custody, parenting time, visitation or child support (O.C.G.A. 19-9-124).

It does not take away your rights as a parent. The law says signing it is not, by itself, abandonment, neglect or a sign that you are an unfit parent (O.C.G.A. 19-9-126). You also keep the right to see your child's medical, dental, mental health and school records (O.C.G.A. 19-9-130). Your duty to support your child continues.

When it cannot be used

• Open DFCS case: A parent may not sign this power of attorney while the Division of Family and Children Services has an open child welfare case involving the child, the parent or another child of the parent. It also may not be used to get around a DFCS investigation (O.C.G.A. 19-9-128).
• Pending divorce or custody case: A power of attorney signed while a divorce or custody case is pending is void unless both parties sign or agree to it, or the judge allows it as being in the child's best interests (O.C.G.A. 19-9-124).

Who you can name

The agent must be an adult who lives in Georgia and who is one of these relatives of the child (O.C.G.A. 19-9-122):

• Grandparent or great grandparent
• Stepparent, former stepparent or step grandparent
• Aunt, uncle, great aunt or great uncle
• Cousin or sibling

A person who is not a relative can be named only if a licensed child placing agency, or a nonprofit or faith based organization that provides child or family services, has approved that person as an agent. For a nonrelative, the parent must get a criminal background check on that person and acknowledge reviewing it (O.C.G.A. 19-9-124).

The agent must accept the responsibility in writing and must certify that he or she is not on, and has never been required to register on, a sex offender registry or child abuse registry (O.C.G.A. 19-9-124).

How long it lasts

In most cases the document cannot last more than one year. When the agent is a grandparent, it may have no end date. Parents in the military who are deployed may use a longer term tied to the deployment (O.C.G.A. 19-9-132).

Steps to make it valid

• Prepare a document that substantially follows the Georgia law. Georgia provides a form in O.C.G.A. 19-9-134; using that exact form is not required, but it is sufficient.
• The parent and the agent both sign under oath in front of a notary public (O.C.G.A. 19-9-129).
• File a copy with the probate court of the county where the child lives within 10 days of signing. For a child who lives in Gwinnett County, that is the Gwinnett County Probate Court.
• The probate court may not charge a filing fee for this, and the document itself is kept confidential.

If the child moves to another county while the document is in effect, the agent must file it in the new county and tell the first court in writing.

If you have sole custody

A parent with sole custody who signs this document must send written notice to the other parent by certified mail, return receipt requested, or statutory overnight delivery within 15 days. The other parent then has 21 days to object in the same way. If the other parent objects, the power of attorney cannot be used and the child goes back to the parent with sole custody (O.C.G.A. 19-9-125).

The parent with sole custody must also follow any relocation notice rules that apply under O.C.G.A. 19-9-3(f). In many cases those rules require written notice to the other parent at least 30 days before a change of residence, with the full new address. Ask an attorney whether this applies to your family, especially if you already have a custody order.

How to cancel it

You can revoke the document at any time in writing (O.C.G.A. 19-9-130):

• Send the revocation to the agent by certified mail, return receipt requested, or statutory overnight delivery, within 5 days of signing it.
• Once the agent receives it, the agent must stop acting, and the child must be returned to you within 48 hours.
• Within 48 hours, you must notify the child's school, health care providers, the probate court where the document was filed and anyone else you know relied on it. The agent must also notify the schools, health care providers and others he or she knows relied on it within 48 hours of receiving the revocation.

Questions families ask

Does this change my immigration case or my child's status? No. It is a state family law document about who can care for a child. It does not affect any immigration application or court case.

Is this the same as custody or guardianship? No. It is a temporary delegation that you control and can cancel. Guardianship and custody orders come from a court and work differently. If you need an arrangement that lasts longer, ask an attorney which option fits.

Can someone outside Georgia be the agent? Not under this law. The agent must live in Georgia.

What else should a family plan include? Keep copies of birth certificates, passports, school and medical information, and emergency contacts in a safe place that the agent can reach.

Talk with our family law team

Every family is different. Our bilingual team in Norcross can review your situation, explain your options in English or Spanish and help you prepare the documents correctly.