Power of attorney for children – what can a legal guardian delegate?

Short answer: In certain practical situations, a legal guardian may grant another person a power of attorney to represent them, but a standard power of attorney does not transfer legal custody of the child. Custody is regulated by the Children and Parents Code and entails a legal responsibility that cannot be transferred via a private power of attorney.

What does custody entail?

The Children and Parents Code states that a legal guardian is responsible for the child's personal circumstances and has the right and obligation to make decisions regarding matters concerning the child. If the child has two legal guardians, major decisions must, as a general rule, be made jointly.

What can a power of attorney be used for?

A limited power of attorney can be practical when another adult needs to represent the legal guardian in a specific situation, such as for certain contacts, school pick-ups, practical administration, or travel. However, the scope depends on which organization or authority is expected to accept the power of attorney.

What cannot be transferred via a standard power of attorney?

A power of attorney does not make a grandparent, partner, or any other person a legal guardian. Decisions of significant consequence for the child's future may require the legal guardian's own decision or a specific legal process.

Traveling with children

The police state that written consent from a non-accompanying legal guardian may be relevant during border control. The destination's and the airline's own requirements may be more extensive, so documentation should be checked before the trip.

What should a limited power of attorney state?

• the child's and the legal guardian's details
• the person authorized to represent the legal guardian
• the exact situation the power of attorney covers
• validity period
• any limitations
• contact information for the legal guardian

See the Mallbutiken template for a limited power of attorney in matters concerning children.

FAQ

Can I give away custody via power of attorney?

No. A standard power of attorney does not transfer legal custody.

Can another adult make medical decisions?

It depends on the situation, the child's age and maturity, and the rules of the healthcare provider. Major custody decisions cannot generally be delegated through a simple private power of attorney.

Is a power of attorney needed for travel?

There is no single document that automatically resolves all travel situations. The police and the destination's authorities should be checked prior to traveling.

This article provides general information and does not replace legal or medical advice.