Power of attorney for a grandmother for a child: sample, procedure for registration, deadlines

• June 11, 2020
• Legislation
• Lukinova Natalya

It is very important to know how to draw up a sample power of attorney for a grandmother for a child, since there are situations when parents cannot raise them themselves or simply want to send the child on a trip with her. Since, according to Russian law, the official guardians of a minor are the parents, even grandparents are required to draw up a power of attorney so that they have the right to representation depending on the current life situation.

This article will tell you how to write a power of attorney for a child to a grandmother (a sample is provided) if necessary, according to the laws and regulations existing in the country.

Reasons for writing a document

Many people may consider it rather strange that it is required to issue a power of attorney to the grandmother for the child, since she is considered, according to the law, to be a close relative. However, it is one thing if you bring your child to play for one evening, but the fact that the grandmother will have to legally act as the guardian and representative of the minor is a completely different circumstance. To carry out these actions, you will need to issue a power of attorney officially certified by a notary in order to obtain such a right. This will have to be done in the following cases:

1. Take a trip with your grandson abroad (and often a similar requirement can be found even for traveling around Russia).
2. A power of attorney will also be required when the grandmother represents the interests of the child in a kindergarten, school or other organizations.

In addition, such a document gives the woman the right to undergo emergency hospitalization if necessary.

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.

Total information

Next, we will present a sample power of attorney to a grandmother for a child from the parents, but first you need to understand exactly what requirements for the contents of the paper are mandatory. As you can understand, such a document must contain all the necessary information about the child himself, his parents, as well as about the person he is entrusted with.

What information should any officially certified power of attorney for a grandmother contain for a child? The sample document includes the following information:

• Passport details, place of stay and residence of parents, as well as their registration. In addition, you must indicate the reason why they are missing.
• Next, the passport details and registration of the grandmother, who will act as a guardian, are recorded.
• Next, information about the child is written out, obtained from the birth certificate, and, if available, from the passport.
• You will also need to provide evidence of the degree of relationship between the child and the grandmother. To do this, you will need to provide a birth certificate from the mother or father, where this is stated.
• In the main text you will need to indicate exactly what the purpose of providing this document is, as well as what rights and obligations the grandmother has. Everything should be written here clearly and clearly so that there are no legal problems later due to the current situation.

At the very end of the document, the details of the notary who certified it must be written, as well as the signatures of the parents and grandmother indicating the date of drawing up the power of attorney. The points presented above must be included in the document, otherwise it will be declared invalid.

Requirements for an attorney to accompany a child

Parents or guardians have a responsibility to carefully select the attorney they entrust with their child's rights. But according to the law, adults who are not deprived of legal capacity can act as an attorney. That is, in fact, this is any adult capable person.

Advice! There is no indication that in some cases only relatives can act as attorneys. Parents should carefully and carefully choose an attorney.

Often, a power of attorney specifies not only the duties, but also the rights of the attorney, including making important decisions (about medical procedures and operations, about upbringing, etc.). Therefore, the choice of a person who will bear full responsibility for the health and life of a minor must be meaningful.

Filling rules

Since there are no restrictions in the law other than the availability of the necessary information, a power of attorney for the grandmother for the child can be drawn up in any form. Let's look at some features:

1. A “cap” is required to be issued only in cases where a power of attorney is needed to be presented at a specific institution, for example a school. Then in the right corner you need to write to whom exactly the document is being submitted, as well as the name of this place.
2. The word “Power of Attorney” is written in the middle of the sheet. In the event that “cap” was previously written, then it must be written with a small letter and put a dot at the end. If there is no cap, the word is written with a capital letter and without a period.
3. The main part should be written according to an algorithm: first, information about the parents is indicated, then about the guardian, that is, the grandmother, and only then about the child himself. Only after this can rights and responsibilities be directly listed.

Correct and complete content

• The document must contain information about the parents, child and attorney. You also need to describe in detail the rights and responsibilities of the attorney. It would be useful to indicate the expiration date. Mandatory details are the date of signing and the signatures of the parents. It is best to draw up the document on behalf of both parents.
• It is also necessary to write a power of attorney according to a certain scheme. Usually, the parents' details are written down first, then the attorney's details, then the child's, then the rights and responsibilities. Signatures and dates are added at the very end.

Certification procedure

According to existing legislation, a power of attorney for a child must be certified by a notary. The document, if desired, can be drawn up independently by hand or printed, and then directly taken to the ID. In this case, the presence of a minor and a grandmother will not be required for this procedure. If there is no desire to draw up a document yourself, then a notary can do this, but then the presence of the grandmother will be a mandatory requirement, although the child may not be brought.

At the very end of the power of attorney, the notary puts down his data, signature and seal, which indicate that the document has been certified and therefore has legal force. The validity period of such a power of attorney is exactly the period that is directly indicated in the document, and if such data is not available, then it will be valid for a year.

The cost of processing paper will depend on its type, but officially prices range from 500 rubles to 2 thousand.

Design features

In order for the power of attorney to have legal force, you should carefully read the rules of writing. If we do not take into account the specifics describing specific powers, the document in general has the following structure:

• indicate in the table of contents that the power of attorney is drawn up for the competent authorities of the country;
• from whom – passport details of the principal, official guardian;
• for whom - personal information of the child - including the series and information about the issuance of a birth certificate;
• for what – consent to the exercise of guardianship powers by another person (in the form of a list);
• to whom - full name, date of birth and address of the authorized person (grandmother);
• for how long – validity period;
• city ​​of registration, number (in words);
• signatures of the parties:
• certified by whom - details and stamp of a notary.

Taking a child abroad

Depending on the purpose for which this document is issued, you will need to provide additional information. For example, according to the sample power of attorney for a grandmother for a child while traveling abroad, it is necessary to write, in addition to the required data, exactly how long the trip will last, as well as the place of stay during the vacation. These marks are specific to this document and must be indicated so that it can be monitored whether the required responsibilities are being fulfilled. So parents must clearly and clearly state which countries the grandmother can take the minor to, and also indicate the time frame within which she can do this.

It’s another matter if you are traveling around Russia. Following the example, a power of attorney for a grandmother for a child in this case can be drawn up by a notary. However, most often lawyers say that there is no need to make a document, since this is not enshrined in law anywhere. However, it is still better to have it in your hands, although in this case, just handwritten paper will suffice. It is worth noting that in a number of regions of the country they are now asking for a power of attorney, despite the fact that this is a rather illegal action.

How to certify a paper?

The document can be written by hand and presented to a notary for certification.

In this case, the presence of the grandmother and child is not necessary. You can also write a document directly at a notary office. Then the presence of the grandmother will be necessary. The minor may not be present.

The exit permit must be certified. It must be stamped and signed by a lawyer.

All notary companies provide this service.

Child education

Now drawing up a power of attorney for raising a child by a grandmother (a sample can be found at a notary) is not a relevant document, although previously it was sufficient. Previously, it was necessary in cases where parents were absent for a long time (for example, they worked in another country). The power of attorney itself in this case confirmed the fact that the child was not abandoned, and therefore school or kindergarten employees did not need to contact the guardianship authorities.

Now, for such actions, just one piece of paper is not enough. In such a situation, it will be necessary to fully obtain temporary custody of the child. In practice, such a procedure is very long and requires the application of a huge amount of effort, but if it is not done, then in the absence of parents, the guardianship authorities will begin investigations and, as a result, can obtain deprivation of rights from the court.

Temporary guardianship and trusteeship.

A power of attorney is a useful thing, but it is only suitable if the parents leave the child with the grandmother or nanny for a few hours or a couple of days, and for long periods - only until one of the neighbors or employees reports to the guardianship authorities :(. And then the child is urgently removed from the family under the care of caring employees of the shelter.

If the parents cannot care for the child for quite a long time, then the grandmother needs to register herself as the child’s temporary guardian . There are often cases when guardianship authorities take away babies if the mother is in the hospital - even if in fact there is someone to care for the child, for example, a grandmother, aunt, or cohabitant.

The most vulnerable category is single mothers and fathers. Unfortunately, the legislator did not provide for the fact that there are situations when the registration of temporary guardianship must be done as soon as possible. For example, if a parent urgently needs to go to the hospital. Typically, registration of guardianship takes about 2 months, because... It requires quite a significant set of certificates and time for consideration.

In addition, it is not possible for parents to appoint in advance a deputy to perform their duties (the same grandmother, for example), just in case. And this is further proof that the state prefers to raise our children independently, creating loopholes in every possible way so that they can be taken away from their families more often.

So, what is the difference between guardianship and trusteeship? A guardian is appointed for children under 14 years of age, but for adolescents from 14 to 18 years of age a guardian is appointed.

Representation of interests

Above is a sample power of attorney to represent the child’s interests to the grandmother, so that she can, as necessary, represent his interests in choosing a school, kindergarten or clubs. Previously, the presence of such a document made it possible to sign documents instead of parents and pay the necessary state fees. However, now almost always in schools, in order to carry out such actions, the director requires that the grandmother have official guardianship of the child.

What is meant by the term “general power of attorney”?

There are 3 types of power of attorney:

• One-time – compiled to carry out 1 action.
• Special – required to perform the same type of actions for a specified time.
• General - gives the owner maximum completeness of action.

To take a child out of the Russian Federation, represent his interests and approve emergency hospitalization, parents or authorized persons will need to draw up a general power of attorney. After studying the case materials and confirming the child’s consent, the notary will list the possible consequences. If the parties do not refuse to continue the procedure, the document will be certified.

Power of attorney for treatment

Currently in Russia there is a law passed in 2011 stating that children under the age of 14 cannot receive medical services unless a legal representative is present. So, if the grandmother does not have a power of attorney for the child to go to the hospital (a sample is provided below), she cannot even take the baby to the clinic for an examination.

It is worth noting that the document can be written either by hand or in printed form, since there are no clear rules in this situation. If it is present, the grandmother, as a representative of a minor, has the full right to make decisions on significant reasons, such as providing official information about the medical history (that is, the presence of allergies to medications, medical history of relatives and other information that may be required by doctors), as well as make a decision what kind of medical services will be provided.

Stories from the web.

I recently saw VK comments with the following content:

1. My granddaughter is about to finish 11th grade and take courses at university, she is 17 and a half years old. everything through a notary. And leaving the baby alone is a problem
2. My friend’s family (mother, sister, her son) live in the village, because there is no work in the village, she decided to go to work in the city. Her son at school has a bad relationship with his classmates and since the boy lives with his grandmother and aunt, the teacher called in (https://vk.com/stopjuvenaljustice?w=wall-15118426_43862_r43890)

Naturally, this surprised me very much. I decided to search the Internet for more “bloody” details on this topic. Here are some more interesting comments:

...that in June 2021, representatives of the Department of Children's Affairs and the guardianship and trusteeship authorities of the Republic of Crimea illegally removed a four-year-old and a six-year-old girl from their own apartment “due to neglect,” despite the fact that the children were under the supervision of a relative and the mother was visiting a doctor. As a result, the girls were separated from their mother for six months. (https://rvs.su/statia/pod-novyy-god-deti-vernulis-v-rodnuyu-semyu-iz-centra-dlya-besprizornyh)

Question to a lawyer on one of the sites: My friend is in the maternity hospital, she is being transported to the hospital for treatment. She has a newborn baby. She has no relatives and is an orphan. I am taking custody of this child. The child is taken to the state. institution. The notary advised my mother to write a power of attorney for me, stating that she entrusts the child to me while she is in the hospital. But the guardianship authorities said that a power of attorney will not help here, and the child will not be given to me until guardianship is formalized; it will take one and a half to two months to be formalized. I could not find whether the law talks about such a power of attorney.

Help me please. If there is such a law, write which article should I refer to in the guardianship authorities so that they would hand over the child now. My friend and I have known each other since childhood; we don’t want to send our little ones into the home. Answer: The child is not handed over by proxy - the guardianship authority has rights. (https://megalaw.ru/question/92162-doverennost-na-detey.html)

On one of the sites there was a discussion of the question of whether a grandmother or aunt needs a power of attorney for a child to travel around Russia:

It’s absolutely necessary, my mother and her nephew go to Samara and they check it often; the last time there was some kind of traffic inspection.

definitely necessary if the child is not traveling with his parents!!! One day my nephew and I were not put on a train in Moscow! in our city we got in without any problems, parking for 2 minutes, overnight, no one cares, but in Moscow we got to the bottom of it...

When I sent the child with my mother (i.e., the grandmother), I made a power of attorney. Especially if they drive across the border (with Kazakhstan, for example), they might get into trouble!

I sent my child with my parents (grandparents) from Chelyabinsk to Orka (Orenburg region). The journey there by train is 600 km. They immediately said, even when purchasing tickets at the station: it is necessary to make a copy of the child’s Birth Certificate, the grandparents’ passport, a copy of the mother’s passport and a MANDATORY Power of Attorney stating that the mother does not object to her child traveling with the grandparents on the specified route!!!

Without a Power of Attorney, or rather, without presenting it (as well as copies of documents), they were not even allowed to board the train - everything was checked when boarding the carriage and on the train too (in Kartaly)

In general, they can check it at any time on the train itself.

One day I was driving along the same route with my father (the child’s grandfather) and son. I went out to take out the trash. At the train parking lot, ... mmmmm ... I don’t know what it’s called exactly ... probably the head of the train walked through the carriage and saw a grandfather and grandson in the compartment. He came up and began to demand from him a Power of Attorney to transport the child! The grandfather was tortured to prove that his daughter got out (the child is traveling with his mother) and therefore he does not have a Power of Attorney... Damn... they almost dropped off the grandfather... I still remember ((

Make the Power of Attorney out of harm's way! It doesn't have to be once at a time! (https://www.baby.ru/blogs/post/464432264-46051462/#comments)

Features of a power of attorney for treatment

You should know that at the moment there is no approved sample of a power of attorney for the treatment of a child with a grandmother, so you can safely write it in any form. A standard form can be easily obtained from a notary, and can also be found on the website of private clinics. However, in this case, in the “header” you must indicate the name of the institution to which this document will be submitted. To introduce your child to any clinic, you will need to start the paper with the word “Power of Attorney”.

Surprisingly, this document can be certified not only by a notary, but also by a hospital administrator or a clinic registration officer after all entered information has been verified. These actions largely depend on the internal policy of the institution, which is why public hospitals often refuse to certify documents and require it to be certified by a notary.

By the way, a power of attorney is required even if the grandmother wants to visit a child in a hospital without parents.

Why go to a notary

Contacting a notary to draw up a power of attorney is relevant in two cases:

1. Official certification is required by current legislation. Refers to documents for which it is clearly stated that they have legal force only if signed by a specialist.
2. Parents have no experience in drawing up such documents. The registration procedure with a notary requires not only collected papers, but also a correctly drawn up power of attorney. If there is a concern that not all data is indicated in the structure, another mistake has been made, or it is simply unclear what to write, you should start filling it out right in the office.

There are enough forms and samples for any case at the notary office, as well as experience with registration from an attorney. Parents will just have to follow the instructions. In this case, contacting a notary is tantamount to saving money, time and nerves.

What to take

Signing a power of attorney requires the following documents:

• child’s identity card (birth certificate or passport from 14 years of age);
• documents indicating the identity of official guardians, if it is impossible to provide a death certificate or police certificate;
• for parents - marriage certificate;
• passport of a trusted person (grandmother).

It is worth taking the birth certificate of your father or mother, because the notary may require proof of the relationship between him and the grandmother. The office may also request other papers, for example, a certificate from your place of employment. These points are discussed individually with a specialist.

All documents from the mandatory list must be originals.

Who can draw up a document?

There is a certain limited circle of persons who have the right to draw up powers of attorney for the child’s grandmother (sample documents are presented above). As a rule, both parents or guardians who legally represent the minor must do this. However, in cases where one of the parents is absent (he was declared missing or died), then additional documents will need to be submitted confirming this fact. Also, if desired, the child himself has the right to draw up a power of attorney to represent interests, but only if he has already reached 14 years of age and received a passport.

When resolution won't help

Russian legislation still provides for situations in which the travel of a minor outside the country may be prohibited. For example, if one of the parents contacts the consulate, migration or border service. After he has documented his parental rights, he can record a statement prohibiting the removal of the child from the country. In this case, no power of attorney from the second parent will allow this to be done. This ban can only be challenged in court.

Validity period and cost of registration

The validity period is the period specified in the document. Any period can be specified. A power of attorney without specifying such a period is valid for a year.

The cost of services from government lawyers starts from 100 rubles. In private offices from 1000.

A power of attorney for a child is most often needed for a joint vacation between a grandmother and her grandson abroad. In other cases, it is more expedient and legal to issue temporary guardianship to the grandmother.