A power of attorney for a child is a document that officially allows a minor child to travel within the Russian Federation or abroad, accompanied by third parties.
Quite often, situations arise when parents want to send their child somewhere, for example, on summer vacation, but they themselves do not have the opportunity to accompany him. In such situations, you need not only to find a temporary guardian, but also to issue an appropriate power of attorney. For example, when sending your child abroad, you will need to issue a power of attorney, which is a kind of permitting document. It allows the child to travel to another country without parents. However, in most cases, during the summer holidays, children go to their grandmothers in the village. In this case, a power of attorney is issued for movement within the state.
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How to write a power of attorney correctly
For internal movement, a power of attorney is drawn up freely. However, you need to make sure that the required data is present here:
- Full name and passport details of legal parents;
- details of the person who will accompany the child;
- complete information about the minor himself;
- what powers does this power of attorney give?
- the date of granting the power of attorney and the period during which it will be valid.
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In general, it cannot be said that this power of attorney is necessary for traveling around Russia. Of course, you can do without it. However, the presence of this document eliminates all questions that law enforcement officers may have regarding a minor child.
It will be useful for the accompanying person to have this power of attorney with him. There is no need to contact a notary to register it. Only powers of attorney intended for traveling abroad are certified by him. When parents are not against the fact that their child will travel around Russia, it is enough to confirm their decision in writing. The duration of the document is determined by the parents themselves. As a rule, this period is equal to the duration of the trip.
As for the power of attorney, under which a third party has the right to take a minor out of the country, more stringent requirements are imposed on its execution:
- The document is filled out by hand. An oral form of power of attorney is not allowed here, because it has no legal force;
- both parents must confirm their consent for the child to leave. If one of them is no longer alive, has been deprived of parental rights, has been imprisoned, or is considered missing, a release signed by one legal representative will do. But in this case, you will need to document the above facts;
- The power of attorney must be certified by a notary. Both parents must be present. If you do without a notary, the document will be invalid. Naturally, the FMS will not allow the child to be removed in this case;
- all detailed information about the accompanying person is indicated in the power of attorney. After all, it is this person who will represent the interests of the parents;
- the rights and responsibilities assigned to the accompanying person are indicated.
In addition to the required data, other information must be present here:
- the country to which the minor is sent;
- parents' passport details;
- detailed information about the child;
- information about the authorized person;
- date of departure and planned arrival;
- purpose of the trip;
- signatures of guardians and accompanying persons.
Read further:
Sample and form of power of attorney for the bank 2021
How much does a power of attorney for a child cost at a notary in 2021?
When talking about the cost of notarizing a trust document, you need to take into account several factors. The first thing you should pay attention to is the location of the notary's office. That is, the amount of registration varies depending on the locality. For example, in Moscow the average cost of certification is 1,200 rubles. In addition, no matter what period of validity this document is, it will not affect the amount in any way.
You should also take into account the services of the notary service itself. It all depends on what procedures the notary will carry out directly. He fills out the document, certifies it, registers it in the database and affixes a stamp and signature. There are certain tariffs for each such service.
All government expenses are established by law, therefore they already have a certain cost, which does not depend either on the location of the office or on the notary’s prices themselves. The only thing they depend on is the type of trust.
For example, if the parents independently compiled the text of the trust, and all that remains is to assure the parties, the cost of such a service will be about 100 rubles. Consequently, if they contact him to fill out and certify, then the cost will correspondingly become higher, about 800 rubles.
The most expensive procedure is certification of a trust to take a child abroad. The cost of such services in notary offices usually exceeds 1000 rubles.
Validity
A power of attorney for a grandmother for a child has the right to be issued for an unlimited period of legal capacity. Usually, when drawing up a trust, the beginning and end of the validity of this document are indicated. This period will be the validity period of the trust document. However, there are cases when this point is skipped; then, according to the Civil Code, if there is no period of validity of the paper, it will be valid for one year.
When to make a power of attorney
When a minor citizen leaves with his parents, there is no need to prepare special documents. When leaving the country with only one parent, certain nuances should be taken into account. In general, the law allows one parent to take a child out without appropriate permission from the second spouse. However, this is a law in theory. It differs from life practice quite often, so a power of attorney from the second parent will not be superfluous. Although, under certain circumstances, the consent of the second spouse is still necessary:
- if one of the guardians previously filed an application prohibiting the removal of the child from the country;
- the document will be provided to obtain a Schengen visa;
- Some states do not allow children to enter unless there is an appropriate power of attorney from the other parent.
You cannot do without written permission even in situations where the accompanying person is not a parent. These can be relatives, friends and strangers. The legislation of the Russian Federation obliges accompanying persons to have a power of attorney, which allows them to protect minors.
As already mentioned, to travel around Russia there is no need to have a power of attorney, but it will significantly simplify the trip. For example, the accompanying person may be asked at any time whose child this is and why he is without parents. It will be difficult even for your own grandmother to prove that she is traveling with her grandson. There are also certain requirements for children traveling without the presence of parents:
- It is prohibited to send a child under 10 years of age on long-distance trains without any accompaniment;
- may ask the child who he is traveling with. This question can be asked by law enforcement officers, a hotel manager, a conductor, etc.;
- To register a young child at a hotel, you will need not only his birth certificate, but also the passport of the accompanying person;
- Formally, children over ten years old are allowed to travel without parents on railway transport, and from 12 years old - on intercity buses and planes.
Compilation requirements
A power of attorney to take a child to camp, to sports competitions, for travel, and so on within the Russian Federation is drawn up:
- in writing
- using a regular ballpoint pen of any color (in clear handwriting) or technical means of printing (computer, etc.)
- the body of the document must not contain errors, blots, typos, or corrections;
- Parents’ signatures must be original, that is, using copies of the main document is unacceptable
See also: Ban on a child traveling abroad.
What documents are required to create a power of attorney?
If you plan to travel abroad, the permit requires notarization. For this you will need the following documents:
- original birth certificate. If the minor already has a passport, then present it;
- passports of both parents;
- passport of the person who will accompany the child;
- documents that confirm the legality of the signature of only one parent.
Also, do not forget that the accompanying person and the child will have to cross the border and go through customs and passport control. Therefore, you must have with you:
- child's international passport;
- internal passport or birth certificate;
- if required, visa;
- medical insurance;
- notarized power of attorney.
In certain situations, the accompanying person may be required to provide additional documents. With their help, inspection authorities will be able to determine the status of the guardian and how he relates to the child. For example, when a teenager leaves the country with a coach, the accompanying person must have documents that confirm this fact.
Do I need to contact a notary?
As mentioned above, the document must be notarized if you are going to take the child abroad. To draw up a document, you can visit either a public notary or a private one.
For this you will need:
- personal presence of both parents;
- passports of legal representatives;
- birth certificate;
- passport details of the person in whose favor the power of attorney is issued;
- Marriage certificate;
- the most accurate information about where exactly the child and accompanying person will be;
- at least an approximate time during which the trip will last.
Notarization of such a power of attorney may have different costs. It all depends on the specific situation. However, first the lawyer carefully studies the documents provided. He will also help you write the text of the power of attorney correctly. This includes passport data, duration and purpose of the trip, information about the minor, what powers the accompanying person is given, etc.
At a notary you can issue a power of attorney on a strict reporting form. The document is assigned a unique number. Not only the applicants, but also the notary himself signs here. And his signature is confirmed by the seal of the notary office.
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.
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.
