Sample power of attorney for a child to a grandmother in 2021

Why does a grandmother need a notarized power of attorney for a child?

Sometimes a grandmother is the closest and dearest person to a child.
If you look at the legal side of this issue, you can understand that the grandmother has no rights to the child, since she is not considered his guardian. However, there are certain situations when it is the grandmother who must represent the interests of the child. Naturally, she will do this only after the guardians give written permission. A power of attorney is this permission. It will be needed for:

trips abroad;
traveling within the country;
carrying out treatment of the child, including operations;
representing interests in school and preschool institutions, sports clubs, and clinics.

If you plan to travel abroad, the document must be signed by a notary. But such assurance does not always have to be there. For example, when a grandmother will accompany a minor in the Russian Federation, you can do without a power of attorney. However, this is a road where anything can happen. It is possible that the grandmother will need documentary evidence for guardianship. For example, in unforeseen situations, urgent surgical intervention may be necessary. This is prohibited without the consent of the official guardian. In addition, it is possible that law enforcement officers, guides, educators or teachers may be asked to confirm the legality of traveling with a baby.

You need to understand that they ask to show the document solely for security purposes. For example, if there are suspicions that the baby has been kidnapped, he has been taken out without the knowledge of his guardians, the grandmother does not properly monitor the child, and he is left unattended altogether. It is possible that this will be reported to the guardianship authorities. If the grandmother accompanying the baby has a properly executed power of attorney, she will be able to avoid unnecessary questions and problems with law enforcement agencies. That is why it is customary to draw up a power of attorney in almost all situations when the child is left without parental supervision.

( Video : “Do I need to issue a power of attorney for a child”)

Document form

The law does not force the use of any special form to draw up such a power of attorney. You can use a free style or an existing form. The main thing you need to pay attention to here is the presence of all important data:

Information about parents;
Grandmother's data;
Information allowing the child to be identified;
Date of completion;
Signatures of the principals and the attorney.

If a document is drawn up with the participation of a notary, he usually uses his own form.

Passport and visa control

A power of attorney is required to cross the border; it is usually asked at passport control, but may not be required. If they asked to show the document, but it wasn’t there, then the tour will definitely fail. Here experts highlight three main points:

A power of attorney is required when traveling outside of Russia. When returning, the document is never asked for. Therefore, if the travel dates have shifted and the notarized consent has already lost its relevance, then no one will send you back abroad.
Permission from both father and mother is needed exclusively for the visa. The official document must be prepared in strict accordance with the sample consent for the child’s departure, which is in the public domain. If a travel agency requires a mutual power of attorney when traveling to Tunisia, Egypt or Turkey, frightening you with difficulties at the airport, then you can resolutely refuse. However, some countries, for example, the Schengen zone, require that a power of attorney be drawn up with the participation of both parents.
A paper signed by a notary is required for children to visit neighboring countries, even those that have a customs agreement with Russia. A child will not be allowed, for example, into Belarus if there is even the slightest doubt about the correctness of the permitting documents. But when crossing the border of Ukraine, due to difficult relations with Russia, it is worth stocking up not only with a power of attorney on behalf of the two parents, but also with a foreign passport. (You can read about the removal of children from Ukraine by following this link)

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.

Compiled by

It is important to take into account that both parents must give consent to guardianship, and the status of marriage is not taken into account. That is, the presence of the mother and father is required even if they are officially divorced. If this is not possible, then a certificate from the competent authorities about the reason for the absence of one of the parents or a death certificate must be provided.

Warning

If someone and the parents have officially issued a ban on taking a child out of the country, then this can only be appealed through the court.

In some cases, to issue a power of attorney, you can contact your employer or the chairman of the HOA. However, it is worth taking into account the fact that a document executed through a notary has greater legal weight.

When registering, the presence of a minor child is not required; an official representative and data provided by the parents are sufficient.

Procedure for registering a power of attorney for a child in 2021

After filling out all the necessary points, the parents give the form to the representative, namely the grandmother. As mentioned above, if the grandmother plans to travel with the baby outside the territory of the Russian Federation, the parents must certify the document. Under normal circumstances, this is done by a notary. However, in addition to him, the head of a military unit, the head of a homeowners association, an employer, or the chief physician of a medical institution can provide assurance.

Although many probably guess, it is the document certified by a notary that has the greatest legal significance. In addition, if you turn to a notary for help, you can be sure that everything will be filled out without errors and in compliance with all the rules.

There is no need to bring your child to the office and sit in line with him. His presence here is not necessary. It is enough for one guardian to bring with him all the necessary documents. As for the grandmother, she must also visit the office. After all, after registration, she will need to put her signature. It is recommended to appear before the notary if you have all the documentation:

Birth certificate;
Identity cards of father, mother, or other guardians;
Grandmother's passport;
Documentary evidence of marriage or divorce of guardians;
If one parent does not have a signature, you will need to provide the appropriate court order;
Documentary evidence of valid reasons for the absence of someone’s signature.

General content of the document

There is certain information, the absence of which allows the document to be considered invalid. This includes information about guardians who give the grandmother certain powers. In addition, you should describe in detail the person who will be the temporary guardian. Particular attention should be paid to entering information about the minor so that any inspector can easily understand what the permit document says specifically about him.

Additional information can be added to the required items if a specific situation requires it. For example, if this is a notarized power of attorney, the details of the notary are indicated. It is not necessary, but highly recommended, to indicate the purpose of the compilation. It is recommended to specify all the rights granted to the guardian.

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:

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.
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.
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.

What information is indicated in the permit for the export of children?

Important information includes:

about parents or other guardians;
about a minor;
the expected location of the child with his grandmother;
duties and powers of the guardian;
validity period of the document;
the purpose of drawing up the power of attorney;
information about the notary or other person who certified the document;
signatures of parents and grandmother.

It is worth noting how long the journey will take. Please note that there are no plans to extend your overseas trip. You can specify the exact date when exactly the grandmother should hand over the baby to the parents.

When a document is drawn up for trips abroad, parents must indicate that they know about the child’s departure. It is also recommended to indicate the country where they are going to travel. Naturally, in this situation, a document that is not notarized is invalid. It is not necessary to hire a notary to travel around the country. Although, if desired, parents can also contact a specialist.

Samples of powers of attorney for a grandmother from parents for a child

Power of attorney for a child for a grandmother in Russia sample

Power of attorney for a child abroad

When is a power of attorney necessary?

There are many reasons why a child has to be sent on a trip alone. Among the most common:

sport competitions;
performances by various creative groups;
trips on summer vacation, to visit relatives, etc.

There is no legal provision requiring a power of attorney to move a child within the country. Parents are required to make a power of attorney only if a minor travels abroad. However, moving a child accompanied by a citizen who is not a relative can lead to unexpected complications. At the same time, the presence of a power of attorney indicates that parents not only know where their child is, but also do not doubt the decency and adequacy of the adult accompanying him.

A child over 10 years old can travel independently by rail, a teenager over 12 years old can travel independently by air and on intercity buses. In these cases, it becomes the responsibility of the carrier organization.

However, in practice, it is very difficult to implement this right, since it conflicts with many regional regulations that prohibit children from being alone on the street and in public places in the evening and at night.

Required documents

During the trip, the accompanying person must have with him:

your general passport;
the child’s documents (birth certificate or passport);
power of attorney from parents for escort.

Having a power of attorney eliminates a number of problems when unusual situations arise, for example, if a child suddenly gets sick or falls behind the train along with an accompanying person.

How much does a power of attorney for a child cost at a notary in 2021?

There is no clear answer here. The cost of registration in each situation may be different. For example, if a document is drawn up without the participation of a notary, and the parents are sure that they will fill it out themselves, then such a power of attorney will be free.

But things are different when the temporary guardian plans to take the child to another state. At the same time, you cannot do without the services of a notary. You need to understand that the more work a notary does, the more expensive such a power of attorney will cost. As a rule, the document is drawn up on a special form, which is filled out, certified, registered and signed by a notary. Depending on the city of registration, the cost of the document can range from 1000 to 2000 rubles.

Although you need to know, there are significant savings possible, even if notarization is required. Parents can draw up a document themselves, presenting it only for certification. Of course, this option will help you save money. However, compilers will have to carefully consider this issue. After all, the notary will simply certify the document, confirming that the parents really trust the baby to the grandmother. But he is not obliged to check the correctness of filling out the document.

If errors were made during preparation, it is possible that the provision of medical services will be denied, because the document will be considered invalid. For the same reason, a trusted person will not be allowed to board a train or plane with the baby.

Validity

When entering information, parents have the right to decide for themselves how long it will be valid. Usually this period is indicated in the power of attorney itself. However, in its absence, the document will be considered valid for one year. Naturally, in order to know where to start counting, the document must contain the date of execution. In its absence, the power of attorney will be considered invalid.

Since the reason for drawing up the document is indicated in the text, it is customary that a new power of attorney is issued for each trip abroad. Although there are situations when the guardian needs to regularly take the child to study, treatment, sports performances, and meetings with relatives. In this case, one document is allowed to be drawn up for several trips.

Do not forget that the trust document concerns only minor children. If the teenager turns 18 while the document is in effect, the power of attorney is automatically terminated. After all, now he is an adult and capable citizen who has the right to make independent decisions.

As already mentioned, the need to draw up a power of attorney does not always arise. However, every parent should remember that this document is highly desirable. If you have any doubts about the correctness of the power of attorney, it is recommended to seek help from a lawyer. After all, even a minor mistake can cause problems on long trips.

Sample

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Form

Cost and validity period

Many clinics provide their own form for registration of such a power of attorney. The document is drawn up directly at the registry. Here he can be immediately assured by a medical institution employee. Accordingly, the preparation of such a document will be free. The only thing you need to pay for is the cost of the form itself.

However, principals have the right to have the document certified by a notary. In this case, you will have to pay a certain amount, which can range from 500-2000 rubles. Here, a lot depends on the pricing policy of a particular notary office.

As for the period during which such a power of attorney will be valid, it is determined solely by the principal. There are no restrictions here. Typically, parents indicate a specific period during which the authorized person has the right to take the child to the clinic. It happens that for some reason the drafters of the document do not specify its validity period. In this case, the law determines that the document can be used for one year.

If during the period of validity specified in the document the child turns 15 years old, the power of attorney automatically loses its force. The legislation determines that from this age a teenager is able to independently represent his interests in medical institutions.

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.

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.