Blog by Khan Paralegal and Notary
Not Attorneys. Not a Substitute for Legal Advice.
As an undocumented parent living in the United States—especially in California—it’s crucial to plan for the unexpected. One of the most important legal tools you can use to protect your children is a Power of Attorney for Minor Children. This document allows you to appoint a trusted adult to care for your children if you are detained, deported, hospitalized, or otherwise unable to care for them.
What Is a Power of Attorney for a Minor?
In California, a Power of Attorney (POA) for a minor child allows a parent to authorize another adult—usually a relative or friend—to temporarily care for their child and make important decisions on their behalf. This includes decisions about:
- School enrollment and decisions
- Medical and dental treatment
- Housing
- Everyday needs such as food, transportation, and supervision
California Legal Code Reference
The legal authority to grant someone the power to act on behalf of a minor is found in:
- California Probate Code § 4121 – which outlines the formal requirements for executing a valid power of attorney.
- Family Code § 6550 – which permits a caregiver (not the legal guardian) to enroll a child in school and obtain medical care if they have a notarized caregiver’s authorization affidavit.
- Health & Safety Code § 1283 – which further supports access to health services for minors by appointed caregivers.
What Happens if You Don’t Have a Power of Attorney?
If you don’t leave a legal arrangement like a POA in place, several outcomes could affect your child’s future in the U.S.:
- Child Protective Services (CPS) involvement if no adult is immediately available to care for the child.
- Court-ordered guardianship may be required, which can be costly and time-consuming.
- Separation from siblings or extended family if no caregiver steps forward.
- Possible foster care placement, even if you have family members who could take care of the children.
- Delays in education and medical care, as schools and doctors may not recognize informal arrangements without legal documents.
What Should Be Included in the POA?
Your Power of Attorney for Minor Children should include:
- The full names and dates of birth of the parent(s), child(ren), and agent (the person you are assigning)
- The specific powers the agent is being granted (e.g., medical, educational)
- A start and end date (it can be up to 6 months per California law but may be renewed)
- Signatures of the parent(s) and a notary acknowledgment to ensure it is legally valid
Other Related Options
In addition to a POA, undocumented parents might consider:
- Caregiver’s Authorization Affidavit (Family Code § 6550)
- Temporary guardianship through the court (Probate Code § 1500 et seq.)
- Designation of standby guardian (Family Code § 8800-8802, if applicable)
Each of these has different requirements and levels of formality, but a notarized Power of Attorney is often the simplest and fastest route for temporary planning.
Disclaimer
Khan Paralegal and Notary is not a law firm and does not provide legal advice.
We are not attorneys and are not a substitute for the advice of an attorney. If you have complex issues related to immigration, guardianship, or custody, we recommend that you speak with a licensed California attorney or immigration lawyer.