Department :: Youth Services
Temporary Guardianship of Minor Child: Power of Attorney
If you are the parent of a minor child you may at some time want to temporarily have another person be able to care for your child, consent to medical care, enroll your child in school, or handle other parental tasks.This is a very good idea if you are going away from more than a few days and leaving your child in someone else's care, or if you are going to be hospitalized and leaving your child with someone else on a full-time basis, or if your child is going to live with a relative or a friend for awhile. Otherwise, if your child needed emergency medical care, there could be a problem locating you for your consent.
Oregon law provides that a parent or guardian of a minor child can sign a Power of Attorney to temporarily give another person the right to act as a parent to that child (Oregon Revised Statutes 109.056). This is called "delegating" your rights and powers as a parent.
You can delegate any of your rights and powers as a parent except you can never delegate (1) the power to consent to your child's marriage; or (2) the power to consent to your child's adoption.
You can delegate all your other rights and powers as a parent, or only certain ones, such as the right to consent to medical treatment, or the right to enroll a child in school. The form attached delegates all powers except the two mentioned above, which cannot be delegated.
This temporary delegation of powers and rights is called a Temporary Power of Attorney, or a temporary guardianship. You do not have to go to court. It is valid only for six (6) months (or less time if you revoke it before the six (6) months is up). You can also specifically state in the Temporary Power of Attorney that it is valid only until a certain date (but it must be less than six (6) months from when you sign it).
To give these rights to another person, you need to fill out and sign a Temporary Power of Attorney. You can use one form for all of your children if they are going to be cared for by the same person. If you will need more than one form, because two different people are caring for your children, or because you want to sign another one after the first (6) month period is up, make copies of this form while it is still blank.
Fill in the form as to the name and address of the person to whom you are delegating your parental rights and the full names and birth dates of your children. Then take it to a Notary Public and sign it, and have it notarized. You can find a Notary Public in most banks, real estate offices, law offices or at the Wasco County Department of Youth Services office.
The person who will be caring for your children should keep the original signed copy of the Power of Attorney. You should keep a photocopy for your own records. REMEMBER: You can revoke the power of attorney any time you want. Just write down that you revoke the power of attorney signed on such-and-such a date, and give this to the person who has your child. Be sure to keep a copy. You can get your child back whenever you want. However, be sure you know and trust the person who is caring for your child. Be sure the person understands that he/she must return your child whenever you want.