Arkansas Power of Attorney for a Child: What It Does and Doesn't Do

A parent is heading into rehab, deploying overseas, or just needs someone else to handle school and doctor visits for a while. In Arkansas, a Power of Attorney for a minor child is the simplest way to put that authority in writing — no court hearing, no judge, no filing fee.

But there are real limits to what a POA can do, and a lot of the forms floating around online cite the wrong Arkansas statutes. Here's what actually works.

What a Minor Child POA Is

A parent with legal custody can make a written parental delegation, commonly called a Power of Attorney for a minor, authorizing another adult to handle specified caretaking, school, and medical matters. The Arkansas Law Help packet describes this private document; its authority should not be confused with the adult financial powers of attorney governed by Title 28, Chapter 68.

The POA is a private contract between the parent and the agent. It doesn't go through a court. It doesn't change legal custody. It doesn't terminate anyone's parental rights.

How to Execute It

The parent signs the minor-care document before a notary public, as the Arkansas Law Help packet instructs. One custodial parent's signature delegates that parent's own authority; it cannot override or extinguish the rights of a second parent who has joint legal custody.

If the non-signing parent later objects to a decision the agent makes, institutions will defer to the parents. Keep this in mind if both parents are in the picture but disagree.

How Long It Lasts

Arkansas does not set the six-month statutory cap used in some states for minor-care delegations. The parent can state an end date in the document. The delegation may also end when:

• The expiration date stated in the document
• The parent revokes it in writing
• The parent dies
• A court appoints a legal guardian over the child

The adult financial POA rule in §28-68-301 does not establish that a minor-care delegation is durable.

What It Covers

A well-drafted POA can delegate:

• Routine and preventive medical care and diagnostic procedures; specify dental authority separately if intended
• School registration, records access, and signing daily school forms
• Ancillary permissions like field trips, sports waivers, and transportation
• Applying for ARKids First or Medicaid on the child's behalf

What It Cannot Do

• Change legal custody. The parent still holds custody. A POA is a delegation, not a transfer.
• Override a court custody order. If a judge has already assigned custody, a private POA cannot contradict it.
• Get a child's passport. For a child under 16, federal rules generally require both parents' consent or documentation showing the other parent's consent is unnecessary. A POA alone is not enough under 22 CFR §51.28.
• Redirect child support. The agent can't modify or redirect court-ordered child support payments without a separate court proceeding.
• Add the child to your employer health insurance. A parental delegation does not automatically qualify you to add the child; check the plan's dependent-eligibility rules. You can apply for public benefits like ARKids First on the child's behalf.

The Online Form Problem

Many commercial form generators (eForms, LegalTemplates, Rocket Lawyer) sell "Arkansas Minor Power of Attorney" templates that cite Ark. Code §28-68-213. That section covers adult financial and property powers of attorney — it is not specifically about delegating parental authority over a child. Do not assume a form citing this statute gives parental authority; use a minor-care delegation form and ask the school or clinic what it accepts.

The ACLU of Arkansas publishes a free POA packet specifically designed for parental delegation. It's a more reliable starting point than commercial form generators charging monthly subscriptions.

When You Don't Need One

If the parent is truly unavailable — incarcerated, in treatment, deceased, or simply unreachable — you can't get their signature on a POA. In that case, Arkansas law provides other paths:

• Grandparents have direct statutory medical consent under §20-9-602(9) without any paperwork
• Any caregiver meeting the in loco parentis definition may rely on §§6-18-202(b)(1)(A) and 6-18-208 for school enrollment
• Adult siblings have statutory medical consent under §20-9-602(8)

A POA is the cleanest option when a parent is willing to sign. When the parent is absent, the statutory alternatives exist so the child isn't stuck waiting.

Everything in One Place

The School and Medical Consent Guide for Arkansas covers every consent pathway — POA, statutory authority, in loco parentis — and explains exactly which one applies to your situation. It includes the document preparation checklist, expiration and renewal tracking, and what to do when the parent's signature isn't available.

See more Arkansas guides →