Georgia Power of Attorney for the Care of a Minor Child: Delegation of Caregiving Authority Under O.C.G.A. § 19-9-120

What Is the Georgia Power of Attorney for the Care of a Minor Child?

The Georgia Power of Attorney for the Care of a Minor Child is a legal document that allows a parent or legal guardian to temporarily delegate caregiving authority to a trusted adult. Authorized under the Supporting and Strengthening Families Act (O.C.G.A. Title 19, Chapter 9, Article 4), this form lets parents appoint a caregiver without filing a court case or paying filing fees.

The statutory form for this document is found at O.C.G.A. § 19-9-134, and it is valid for up to one year.

What Is It Used For?

Parents use this form when they need to leave a child in someone else's care temporarily. Common situations include:

• Military deployment or extended work travel
• Hospitalization or medical treatment
• Incarceration or rehabilitation programs
• Family emergencies requiring time away
• Enrolling a child in school when a grandparent or relative is the primary caregiver
• Authorizing medical care for a child staying with relatives

The appointed caregiver can enroll the child in school, obtain medical treatment, and make routine day-to-day decisions on the parent's behalf. However, the form does not authorize marriage, adoption, abortion, or termination of parental rights of the child.

Who Can Be Appointed as Caregiver?

Under O.C.G.A. § 19-9-122, the caregiver must be an adult who lives in Georgia and is one of the following:

• Grandparent or great-grandparent
• Stepparent or former stepparent
• Step-grandparent
• Aunt, uncle, great aunt, or great uncle
• Cousin or sibling
• A nonrelative who has been approved by the Department of Human Services

Why Does Georgia Law Require Notarization?

Georgia law explicitly requires that the Power of Attorney for the Care of a Minor Child be signed by both the parent and the appointed agent in the presence of a notary public (O.C.G.A. § 19-9-129(a)(1)). Notarization serves several critical purposes:

• Verifies identity: The notary confirms that the person signing is the legal parent or guardian of the child
• Ensures voluntary consent: The notary confirms the signature is given freely and without coercion
• Prevents fraud: The notarial record creates a public paper trail that deters unauthorized attempts to take custody of a child
• Enables court registration: The notarized form must be registered with the probate court of the child's county of residence within 10 days of its effectuation

Official Form and Resources

The statutory form is set forth in O.C.G.A. § 19-9-134. A fillable version of the form is available through the Gwinnett Family Law Clinic.

Need this document notarized? Find a trusted notary in your area on Notary of Gwinnett.