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Common Questions about Delegation of Parental Authority (Short-Term Parental Power of Attorney)

These are common questions about Delegation of Parental Authority. Sometimes this is called short-term parental power of attorney.

Questions about Delegation of Parental Authority

My child’s other parent and I have joint legal custody. Do both of us need to sign the DPA?

Both parents do not need to sign the DPA. You can sign a DPA alone even if you have joint legal custody. However, if you have joint legal custody and only one parent signs, there will be some limits on the DPA.

If parents share legal custody and only one signs the DPA, the DPA will only affect that parent’s rights to care and custody of the child. If only one parent signs the DPA, the person you name to care for your child can only make day-to-day decisions about your child. The caregiver would not be able to make decisions that would impact major issues such as changing school, religious training, or non-routine medical decisions.

The DPA only gives the caregiver power while you and the other parent are gone. Even if there is a DPA, if a parent is present to make decisions for your child, the person named in the DPA may not interfere.

What can I do if I name a caregiver to make decisions for my child with a DPA and they are making decisions for my child that I don’t like?

The DPA only gives the caregiver power while you are gone. Even if there is a DPA, when a parent is present to make decisions for your child, the caregiver does not have the right to interfere.

You can revoke, or cancel, a DPA at any time. You can end a DPA by telling the named caregiver that you are ending it. It is a good idea to also end the DPA in writing.

If my child can get emergency care without my consent, why would I sign a DPA?

It is true that doctors will provide life-saving treatment to a child without parental consent, but there are other reasons you may want to consider signing a DPA. A DPA allows someone else to consent to non-emergency medical and dental care for your child. They can also participate in educational decisions.

If you leave your child with another adult without a DPA, that person could ask the court for a guardianship. This becomes more likely the longer you are away from your child. You control the terms of a DPA, and you do not need to go to court to end or change it. Guardianships always involve going to court. Once a guardianship is in place, ending or changing it means going to court and getting a judge to agree.

What is the difference between a DPA and guardianship?

You do not have to go to court to give someone a DPA. However, you must go to court to get guardianship. If you agree to a guardianship, you also agree to suspend your parental rights during the guardianship. Your parental rights are not suspended by giving someone a DPA. You keep the power to make decisions for your child even if you name a caregiver in a DPA.

A parent can end a DPA at any time without going to court, but only a judge can end a guardianship. In addition, a guardian may be able to ask a judge for custody or to end your parental rights permanently.

Does a DPA need to be witnessed and notarized?

A DPA does not have to be witnessed and notarized in Michigan; however, it is a good idea to get it witnessed and notarized. By getting the form witnessed and notarized, it is more likely that school administrators, hospitals, and others will recognize your DPA as a valid legal document.

Where can I find a notary?

Notaries are often available at county offices, such as a county clerk, as well as banks, credit unions, law offices, and insurance companies. Some notaries will only sign documents as part of their employment. It is a good idea to call first to make sure the notary is able to notarize your form.

A notary can usually be found at a bank or the court clerk's office.