Georgia Power of Attorney for Minor Child: How Grandparents and Relatives Set It Up

What a Minor Child Power of Attorney Covers in Georgia

The Supporting and Strengthening Families Act (O.C.G.A. §§ 19-9-120 through 19-9-134) lets a parent delegate caregiving authority to a grandparent, aunt, uncle, cousin, sibling, or other qualifying relative — without going to court. The POA covers:

• School enrollment and educational decisions
• Routine medical, dental, and specialty care
• Childcare and extracurricular activities
• Permission slips and field trips
• Daily caregiving decisions

It is the broadest non-court instrument available in Georgia for relative caregivers. Unlike the Kinship Caregiver Affidavit (which covers only school enrollment and school-related medical care), the POA addresses the full scope of daily life with a child.

Who Can Serve as Agent

Under O.C.G.A. § 19-9-122, the parent can appoint:

• Grandparent, great-grandparent, step-grandparent
• Stepparent or former stepparent
• Aunt, uncle, great-aunt, great-uncle
• Cousin
• Adult sibling

Non-relatives can serve only if they are approved as a placement resource by a licensed child-placing agency or an approved nonprofit/faith-based organization under DHS Rule 290-1-10.

How to Execute the Power of Attorney

Both the parent and the agent must sign. This is the key difference from the Kinship Caregiver Affidavit — the POA requires parental cooperation.

Step 1: Use the statutory form. O.C.G.A. § 19-9-134 provides the standard template. The document must specify the scope of authority, start date, and expiration date.

Step 2: Sign under oath before a notary. Both the parent and the agent sign in the presence of a Georgia notary public. Both signatures must be notarized.

Step 3: File with the Probate Court within 10 days. Within ten days of execution, a copy must be filed in the Probate Court of the county where the child lives. The Probate Court maintains a dedicated registry docket and charges no filing fee — this is a free registration, not a contested hearing.

Step 4: Notify the noncustodial parent (if applicable). If the signing parent has sole legal custody, written notice must be sent to the noncustodial parent within 15 days via certified mail (return receipt requested) or statutory overnight delivery. The noncustodial parent has 21 days to file a written objection. If they object, the POA is void and the child must be returned to the custodial parent within 48 hours.

Duration: The Grandparent Exception

For most relatives (aunts, uncles, cousins, adult siblings), the POA lasts a maximum of one year. After that, the parent must execute a new one with full formalities and re-file it.

For grandparents, O.C.G.A. § 19-9-132(a) provides an explicit exception: a POA delegated to a grandparent has no statutory time limit. It remains valid until the parent revokes it in writing.

Military parents get a deployment-specific provision: the POA can last for the full duration of deployment plus 30 days.

What the POA Cannot Do

A POA does not transfer legal custody, alter guardianship, terminate parental rights, or affect child support orders. The parent keeps full legal rights and can revoke the POA at any time by delivering written notice via certified mail or statutory overnight delivery. Upon revocation, the agent must return the child within 48 hours and notify all relying third parties (schools, medical providers, the Probate Court) within 48 hours.

A POA is also void if executed during a pending divorce, custody, or court proceeding — unless both parents agree in writing or a court orders it. And it cannot be executed if DFCS has an open child protection case regarding the child.

When a POA Is Not Enough

If the parent has died, the POA terminates automatically. If the parent revokes the POA and the caregiver believes returning the child would be unsafe, only a court order can block the return. If a medical provider refuses the POA for major surgery or inpatient psychiatric care, a guardianship order may be required.

For these situations, the next step is a Petition for Temporary Guardianship in Probate Court or a custody action in Superior Court. Georgia Legal Services Program and Atlanta Legal Aid provide free help to income-eligible caregivers.

Getting It Done

The Georgia School & Medical Consent guide includes the complete POA execution checklist — what to bring to the notary, the Probate Court filing procedure, the noncustodial parent notification letter template, and what to do if the child moves to a different Georgia county during the POA's term (the agent must re-file in the new county and notify the original court).

See more Georgia guides →