Power of attorney to represent the interests of a child: sample form, how to obtain

In what situations is a power of attorney necessary?

Representation of the interests of a person under 18 years of age is possible by any person who has full legal capacity, including age.
Practice shows that most powers of attorney are issued to relatives, for example, grandparents, as well as teachers. There are many situations when a power of attorney may be required to document the ability to represent the interests of children. Among them:

trips abroad;
hospitalization or urgent medical intervention;
interactions with authorities;
access to data about children who are in a medical, health, educational or training institution;
any actions related to the property interest of a minor;
competitions or competitions that take place outside your local area.

It turns out that any actions can be performed only by legal representatives. But if in this case they are not able to represent interests for some reason, then a third party can do this. Having a power of attorney is considered a prerequisite.

Important! A joint walk or trip to an event in Russia does not require a document, but in order to have the appropriate authority, it must be issued in advance.

Who is writing this document?

The child’s legal guardians are responsible for filling out the document. Usually autographs of both parents are affixed here. But cases are not excluded in which one of them cannot sign his autograph. If there are good reasons for this, the law allows a document issued by only one guardian, for example, a mother, to be considered legal. In this case, all actions of the representative will be on behalf of one guardian.

The purpose of the document is also of great importance. For example, if a trip is planned within the country, a power of attorney signed unilaterally is sufficient. If the grandmother is going to take the minor to another state, it is impossible to do without the permission of both guardians. It is necessary even if the marriage between the parents is dissolved.

Judicial practice knows situations when one of the parents does not want to let their child go abroad. For this purpose, a prohibiting statement is drawn up. In fact, it categorically prohibits the export of the baby. Of course, the other parent has the right to go to court. Although this does not at all guarantee the abolition of such a ban. When considering the case, the judge will examine the specific situation and decide whether the grandmother and child can leave the state or leave the ban in force. It happens that it is not possible to get the autograph of the second guardian. For example, a parent died, disappeared, or was declared incompetent. Therefore, it is recommended that the first guardian obtain the appropriate certificate in advance.

In what cases is permission required?

When the grandmother plans to take care of the baby for a long time, a trust document can be useful in various situations:

Signing a waiver of medical care or giving consent to it;
Paying for studies, treatment and accepting any other bills for a minor;
Receiving written information about the baby’s health status;
Obtaining various information from teachers of educational institutions;
Crossing the state border without parents;
Receiving a disability pension and other social benefits if they are assigned to the child.

As you know, teachers have the right to give children exclusively to parents. This is exactly what a grandmother is, having the appropriate power of attorney. We can say that parents who sign a power of attorney completely trust their child’s grandmother. For a certain period, she will be responsible for his education, physical development, life and health.

Types of powers of attorney

Depending on the situation, options may vary. For example, a grandmother or other person can receive three options for a document from a legal representative in the form of a parent:

one-time make up for one action. An example would be a trip to a foreign resort;
a special one is issued for a number of actions that are prescribed in the document;
The general gives the person the maximum set of powers.

Also, paper may differ in the design method. Each of them has its own characteristics.

Notarised power of attorney

According to the law, a number of cases require a notarized version.
An example would be taking a child abroad. In such a situation, there must be a document that is properly executed and must be notarized. The paper includes the following data:

Name;
date and place of registration;
information about the principal and authorized representative with full name and passport data, which includes the entire list of necessary information;
information about the child and relationship with the principal;
the powers of each party in expanded form, that is, points indicating the situation are indicated;
possible transfer of powers or prohibition of such actions;
validity periods;
signatures of the parties, including the principal.

Important! The legal representative must sign it. Otherwise, the document will not have legal force.

The following documents are required for registration:

passports of all parties;
birth certificate of the minor and his passport, if available;
civil status certificates, such as divorce.

Read also: Deprivation of parental rights and collection of alimony

The notary may refuse the registration procedure if the necessary documents are not provided or there are grounds to believe that the process is illegal. For example, one of the parties is incapacitated or in an inadequate state.

Handwritten power of attorney

A handwritten version is often used, which is drawn up according to a standard scheme indicating all the necessary data. It is important here to exclude possible errors of any type.

If desired, the handwritten form can be handwritten or printed. The main thing is the fulfillment of mandatory requirements and the presence of signatures of the parties.

Important! If the document does not indicate a validity period, then such paper will be valid for one year.

General power of attorney

The general document type is rarely used. There are several important nuances here:

such a paper means a full set of powers and the ability to dispose of the property of a minor. An example would be managing a company until a child reaches adulthood;
all transactions are under the control of the guardianship authorities;
receipt of this type requires permission from the guardianship and trusteeship authority, which issues consent in writing.

It turns out that the general document temporarily shifts all the rights and obligations of the legal representative to another person.

Who can accompany a child on vacation?

A child under 12 years of age will not cross the Russian border on his own. A grandmother, grandfather, any relative, or a coach, teacher, or stranger, whose responsibility there is no doubt, can act as a guardian.

Accompanying children on a trip in 2021 can be entrusted to anyone. The state does not impose any prohibitions; only mom and dad have the right to decide.

You can find out about a child traveling abroad without parents by clicking on this link.

Registration procedure

The registration procedure is established by law. A self-written document does not provide most of the authority, so it is worth using a notarized version. Actions:

a form is drawn up taking into account all the required points and indicating the parties’ data;
all the main situations and validity periods are specified;
indicate nuances, for example, the possibility of transfer of trust;
the document is certified by a notary;
the immediate authorized representative takes up his duties and carries out the necessary procedures.

After completion of actions or expiration of the period, the document loses its force, which means the removal of authority from the trustee.

Contents of a power of attorney to represent the interests of a child

Any power of attorney has mandatory content, which establishes all factors and powers.

Important! The sample should be used to ensure there are no errors, as well as to include all the points that are important when drafting. All important information is included in the document before it is signed. Further additions in the form of new items are not possible.

According to Article 185 of the Civil Code of the Russian Federation, registration is carried out strictly in writing with certification from a notary.

To be legally valid, you will need to enter the following information:

information about parents;
information about the child;
information about the authorized person;
name and content indicating the location and date;
a list of powers and an indication of the cases in which they are possible;
duration of powers and actions;
information about the notary who certified the paper.

An important point is the compliance of the rights granted to the child with the law. None of the points should infringe on the interests of the minor himself. Otherwise, the document will be void.

All parties must be present during the registration process, since after familiarization with the obligations and rights, signatures are placed.

If interaction is carried out with a government agency, its seal must be affixed.

Sample

Sample power of attorney to represent the interests of a child

Validity

The validity period is determined independently by interested parties. If there is no set deadline, the duration is unlimited. But there is a nuance here. With an independent type of power of attorney, legal force disappears one year after the paper is written.

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Most often, deadlines are formed based on the completion of necessary tasks. There are no restrictions in legislation. The only point is the date of issue of the paper, since without it there is no legal force.

Do I need to get it certified by a notary?

Notarization is not always necessary. For example, issuing credentials to a teacher during an excursion to another city may have an independent option. At the same time, in other situations that require significant powers, contacting a notary is mandatory.

In any case, certification by a notary is desirable, as it allows the authorized person to carry out his activities in a wider range.

Example of power of attorney to represent the interests of a child

Can a child represent his own interests?

Representation of interests by a child is possible if there is partial or full legal capacity as a result of emancipation . In other cases, permission from a legal representative is required.

According to the law, in particular, Article 28 of the Civil Code of the Russian Federation, a partial type of legal capacity occurs at the age of 6, but it applies only to household transactions of a small nature. At the age of 14 and 16, a person receives a wider level of opportunities, but his representatives are still parents or guardians, so a power of attorney will be necessary for third parties.

Full legal capacity during emancipation or adulthood allows you to fully represent your interests and independently issue a power of attorney for another person.

If necessary, the parent can transfer some of the powers to a third party, but this will require correctly filling out a special form. It does not have a set form, but must include a number of points that reveal the meaning, as well as the powers and responsibilities of the trustee in relation to children.