Alabama Power of Attorney for a Child: How § 26-2A-7 Works

What § 26-2A-7 Actually Lets You Do

Alabama Code § 26-2A-7 is the statute that makes informal kinship care work without going to court. It lets a custodial parent or legal guardian execute a power of attorney that delegates decision-making authority over a child to another adult — typically a grandparent, aunt, uncle, or other relative.

The powers you can delegate include health (medical, dental, mental health consent), education (school enrollment, records, conferences), and day-to-day maintenance and support. The delegation lasts up to twelve months from the date of execution.

Two things a parent cannot delegate under this statute: the power to consent to the child's marriage and the power to consent to adoption.

Who Signs and How

Only the custodial parent or a court-appointed legal guardian can execute the POA. A relative who already has the child cannot sign it on their own behalf — the instrument flows from the parent to the caregiver.

The document needs to:

1. Identify the parent or guardian who's delegating authority
2. Name the caregiver who's receiving authority (the "attorney-in-fact")
3. Name the child and state their date of birth
4. List the specific powers being delegated — spell out school enrollment, medical consent, dental care, mental health services, and records access rather than using vague language
5. Include a start date and an end date within the 12-month statutory limit
6. Carry the parent's signature
7. Be notarized (the statute says "properly executed" without specifying notarization, but every school and doctor in Alabama rejects unnotarized POAs)

What the POA Cannot Do

A § 26-2A-7 POA is not a custody order. It doesn't:

• Transfer legal custody. The parent keeps full parental rights and responsibilities the entire time.
• Establish school residency. School districts in Alabama require separate residency verification. A POA alone won't satisfy enrollment requirements if the child lives outside the parent's attendance zone.
• Override child welfare proceedings. The statute explicitly says the delegation cannot be used to circumvent juvenile justice or child protective placement proceedings.
• Grant public benefits entitlement. Medicaid and TANF eligibility depend on the child's situation, not the POA itself.

When the Parent Is in Jail or Rehab

A parent's incarceration or enrollment in treatment doesn't terminate their parental rights. They can still execute a POA as long as they're mentally competent at the time of signing. For incarcerated parents, contact the facility's social work or legal services department to arrange notarization through facility notary services or a remote notarization route permitted under Alabama law.

For parents in inpatient substance abuse treatment, the facility's staff can often facilitate the signing and notarization process.

When the Parent Refuses or Is Missing

If a parent won't sign — or if you can't locate them — a § 26-2A-7 POA is off the table entirely. You cannot sign on a parent's behalf, and their silence doesn't count as consent.

At that point, your options move to the court system:

• Probate court for temporary guardianship (up to 6 months) under § 26-2A-73(b)
• Juvenile court for a dependency petition if the child has been abandoned, abused, or neglected

The 12-Month Expiration

The standard § 26-2A-7 delegation is limited to one year. For an active-duty military parent, the delegation may extend for the duration of deployment. There is no automatic renewal; after the delegation expires, the parent must sign a new instrument. This catches people off guard mid-school-year when a POA executed the previous September quietly expires and the school's records system flags it.

Set a calendar reminder for 11 months after execution. Renewing early avoids any gap in authority.

Alabama Has No Official Statewide Form

The state does not publish a standard form for § 26-2A-7 delegations. The Administrative Office of Courts doesn't maintain one either. Caregivers end up using templates from legal aid organizations like Legal Services Alabama, or from commercial legal form sites.

Be cautious with generic national "minor power of attorney" templates — they frequently contain language that conflicts with Alabama-specific requirements or omits the state's statutory limits.

The Alabama School and Medical Consent Guide covers the complete POA process, including what to include in the document, how to handle execution in difficult family situations, and what to do when the 12-month clock runs out.

See more Alabama guides →