How to Choose a Power of Attorney For a Minor in NC and SC

Every parent has a plan for school pickups or a child’s sudden fever. But far fewer have a plan in place for who will step in if neither parent is available. Whether it’s a medical emergency or an unexpected work trip that can’t be avoided, having the right legal tools in place can make all the difference.

A power of attorney, or POA for a minor gives another trusted adult the legal authority to make decisions on your child’s behalf for a temporary period of time. At Bespoke Estate Law, we help families throughout South Carolina and North Carolina create clear, enforceable powers of attorney to cover these very situations.

If you have questions about setting up a power of attorney for your child, speak with an estate planning attorney in Myrtle Beach or elsewhere in coastal South Carolina or North Carolina. We’re here to help you prepare for the unknown.

What Is a Power of Attorney for a Minor?

A power of attorney for a minor allows a parent or guardian to delegate decision-making authority to another adult for a set period of time. In both North Carolina and South Carolina, this legal tool can authorize someone you trust to handle school paperwork, consent to medical care, or manage your child’s day-to-day needs.

In South Carolina, this is governed by S.C. Code § 63-5-70, which allows parents to delegate caregiving responsibilities for up to six months. North Carolina allows for a broader use under powers of attorney and permits similar authority through a written, notarized power of attorney under Chapter 32C of the North Carolina General Statutes. Though the wording may differ, both states support the idea that parents can appoint temporary caregivers in writing to step in when needed.

Why Parents Use a Power of Attorney for Minors

These documents are most commonly used when a parent knows they’ll be unavailable, whether it’s due to scheduled surgery, travel, military deployment, or a short-term illness. They’re also helpful during school breaks or vacations when a child stays with relatives or trusted family friends.

But what if the situation is more urgent? If both parents are hospitalized or incapacitated, and no legal authority has been granted to someone else, the child’s temporary caretakers may be left in a bad situation. Schools, hospitals, and law enforcement officers are left without a clear answer. However, a signed, notarized power of attorney for a minor ensures that someone you trust has the authority to act in your child’s best interest, both immediately and legally.

What the Document Allows (and What It Does Not)

Powers granted under a power of attorney for a minor can be broad or very specific. The named agent may be authorized to approve medical care, sign permission slips, supervise daily activities, and communicate with your child’s teachers or care providers. Or you may limit the authority to one specific type of decision, such as authorizing surgery or attending a particular school meeting.

However, this document does not grant custody, change parental rights, or override an existing court order. It cannot be used to move a child out of state or make permanent decisions outside the scope of the written terms. In both North Carolina and South Carolina, custody determinations remain under the jurisdiction of the courts.

Who Should You Name as the Agent?

The person you choose should be someone your child knows and feels comfortable with. It should also be someone you trust completely. This might be a grandparent, sibling, godparent, close family friend, or even a neighbor. The ideal person should be calm under pressure, good with communication, and available.

If you share custody, it is especially important to coordinate with the other parent. One parent cannot assign legal authority to a third party in a way that interferes with the other parent’s rights. However, both parties may agree to designate a temporary agent in a specific circumstance, particularly if one parent will be unavailable for a known period of time.

Creating the Document in North Carolina and South Carolina

In both states, the power of attorney for a minor should be signed, dated, and notarized. It must clearly identify the child, the parent or guardian, the agent, and the scope of authority granted. A lawyer experienced with power of attorney documents can help you with this. South Carolina limits the duration to six months under its statute. In North Carolina, while the law does not impose the same timeline, it’s best practice to define a clear start and end date.

Some families choose to prepare a new document annually if their child will spend time with a particular relative during the summer or during school breaks. If you need the arrangement to last beyond the typical timeframe, or if your situation involves ongoing care, a court-appointed guardianship may be more appropriate.

How to Revoke or Update the Power

A power of attorney can be revoked at any time. A simple written notice, preferably notarized, should be delivered to the agent and to any parties that were relying on the document. This includes the child’s school, medical providers, and anyone else who may have had the document on file.

Many families choose to review or renew the document once a year to ensure they still reflect the best choice for their child. It also gives institutions an updated record that reflects your current intentions.

Short-Term Tools Do Not Replace Long Term Planning

A power of attorney for a minor helps with short-term or emergency situations, but it does not cover every possibility. If you're concerned about long-term care or permanent arrangements, you need to speak with an estate planning attorney to cover all of your bases.

That plan might include naming a guardian in your will, setting up a trust to manage assets, and completing medical directives. If your child has special needs or other long-term considerations, the right legal instruments can offer additional protection and structure.

Speak With a Local Estate Planning Attorney Today

Whether you need to create a power of attorney for your child, nominate a guardian, or build an estate plan, Bespoke Estate Law is here to help. We proudly serve families in both North Carolina and South Carolina. Call today for a free consultation, and take the next step toward protecting your children’s well-being.