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Free Virginia Minor (Child) Power of Attorney Template

Give a trusted adult the authority to care for your child while you're away. Build your Virginia form with a guided questionnaire.

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What Is a Virginia Minor (Child) Power of Attorney?

A Virginia minor (child) power of attorney delegates a parent’s or legal custodian’s powers over a child’s custody, care, and property under Va. Code § 20-166. Section 20-167 supplies the statutory form, and both sections date to 2019.

Virginia Rules for Delegating Parental Powers

Up to 180 Days

A parent or legal custodian can delegate these powers for a period not to exceed 180 days. After that, you sign a new power of attorney if care continues.

Longer for Service Members

A service member on active duty for more than 180 days can delegate for longer, up to the term of active duty plus 30 days. That includes the Armed Forces, reserves, and National Guard, among others.

Four Powers Excluded

The attorney-in-fact can’t consent to the child’s marriage or adoption, an abortion, or termination of parental rights.

Joint Custody Means Both Sign

If both parents share joint custody, both must sign. In fact, everyone with decision-making authority over the child signs, along with the attorney-in-fact.

Background Checks

In addition, anyone who receives delegated powers must meet the background check requirements set by Virginia’s Board of Social Services or other law.

Tip

Don’t use this document mainly to enroll your child at a particular school for academics or sports. Virginia makes a power of attorney invalid if that’s its primary purpose, and the statutory form asks you to certify it isn’t.

Does a Virginia Minor Power of Attorney Need a Notary?

Yes. Under § 20-167, a Virginia minor (child) power of attorney is legally sufficient when it substantially follows the statutory form, is properly completed, and the signatures are acknowledged or verified before a notary public.

The attorney-in-fact also signs an acceptance. In it, they agree to act in the child’s best interests and to honor any existing court order.

How to Sign It in Virginia

  1. Certify that you’re the parent or legal custodian, and list each child with a birth date.
  2. Name the attorney-in-fact with a full address and phone number.
  3. Delegate all powers, or write in specific ones.
  4. Enter dates within 180 days, or use the service member option.
  5. Sign before a notary, along with the attorney-in-fact and any other required signers.

Anyone who signed can revoke it at any time, unless a court order says otherwise.

What to Include in a Virginia Form

Follow § 20-167 closely, since the law asks for substantial compliance.

  • Your certification as parent or legal custodian
  • Each child’s full name and date of birth
  • The attorney-in-fact’s name, address, and phone
  • A full or specific delegation, with the excluded powers
  • Dates, or service member terms
  • The attorney-in-fact’s acceptance and notarized signatures

Create your Virginia minor (child) power of attorney today and have it ready for the notary.