The Maryland Minor Child Power of Attorney is the designation of a temporary/standby guardian for someone under the age of eighteen (18). The reason one may carry out the execution of this document is to provide parental powers to an agent so that they can properly care for their child while they are temporarily away from the minor. This is extremely useful when a child needs to travel, receive medical attention, or enroll in school while under the supervision of a non-parent. To effectuate this instrument, the legal guardian of the minor must indicate who is involved (names of the parent(s), child, & agent), provide the circumstances of the arrangement, and sign the form along with at least two (2) witnesses as confirmation (notary and agent acceptance sections also provided to further legitimize the conveyance of authority).
Laws
Statutes – Maryland Standby Guardian Laws
Definition (§ 13-901(f)) – “Standby guardian” means a person:
- Appointed by a court under § 13–903 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity or death of the minor’s parent, or on the consent of the parent; or
- Designated under § 13–904 of this subtitle as standby guardian of the person or property of a minor, whose authority becomes effective on the incapacity of the minor’s parent, on the debilitation and consent of the parent, or in the event of an adverse immigration action against the parent and the consent of the parent.
Statutory Form – § 13-904(b)(3)
Signing Requirements – Acknowledgment of Two (2) Witnesses (§ 13-904(a))
Other Versions
Download: Adobe PDF, MS Word (.docx)
Additional Resources
- People’s Law Library – Standby Guardianship Brochure (Spanish/Español)
Related Forms
Parental Designation & Consent to the Beginning of Standby Guardianship (Form CC-GN-041)
Download: Adobe PDF
Revocation of Power of Attorney
Download: Adobe PDF, MS Word (.docx)