2016 Georgia Code
Title 19 - Domestic Relations
Chapter 9 - Child Custody Proceedings
Article 4 - Power of Attorney for the Care of a Minor Child
§ 19-9-129. Power of attorney form

(a) The statutory power of attorney for the care of a minor child form contained in this Code section may be used to grant an agent grandparent powers over the minor child's enrollment in school, medical, dental, and mental health care, food, lodging, recreation, travel, and any additional powers as specified by the parent. This power of attorney is not intended to be exclusive. No provision of this article shall be construed to bar use by the parent of any other or different form of power of attorney for the care of a minor child which complies with this article. A power of attorney for the care of a minor child in substantially the form set forth in this Code section shall have the same meaning and effect as prescribed in this article. Substantially similar forms may include forms from other states.

(b) The power of attorney for the care of a minor child shall be in substantially the following form:

"GEORGIA POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD

NOTICE:

(1) THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE GRANDPARENT THAT

YOU DESIGNATE (THE AGENT GRANDPARENT) POWERS TO CARE FOR YOUR MINOR CHILD,

INCLUDING THE POWER TO: ENROLL THE CHILD IN SCHOOL AND IN EXTRACURRICULAR

SCHOOL ACTIVITIES; HAVE ACCESS TO SCHOOL RECORDS AND DISCLOSE THE CONTENTS

TO OTHERS; ARRANGE FOR AND CONSENT TO MEDICAL, DENTAL, AND MENTAL HEALTH

TREATMENT FOR THE CHILD; HAVE ACCESS TO SUCH RECORDS RELATED TO TREATMENT

OF THE CHILD AND DISCLOSE THE CONTENTS OF THOSE RECORDS TO OTHERS; PROVIDE

FOR THE CHILD'S FOOD, LODGING, RECREATION, AND TRAVEL; AND HAVE ANY

ADDITIONAL POWERS AS SPECIFIED BY THE PARENT.

(2) THE AGENT GRANDPARENT IS REQUIRED TO EXERCISE DUE CARE TO ACT IN THE

CHILD'S BEST INTEREST AND IN ACCORDANCE WITH THE GRANT OF AUTHORITY

SPECIFIED IN THIS FORM.

(3) A COURT OF COMPETENT JURISDICTION MAY REVOKE THE POWERS OF THE AGENT

GRANDPARENT IF IT FINDS THAT THE AGENT GRANDPARENT IS NOT ACTING PROPERLY.

(4) THE AGENT GRANDPARENT MAY EXERCISE THE POWERS GIVEN IN THIS POWER OF

ATTORNEY FOR THE CARE OF A MINOR CHILD THROUGHOUT THE CHILD'S MINORITY

UNLESS THE PARENT REVOKES THIS POWER OF ATTORNEY AND PROVIDES NOTICE OF THE

REVOCATION TO THE AGENT GRANDPARENT OR UNTIL A COURT OF COMPETENT

JURISDICTION TERMINATES THIS POWER.

(5) THE AGENT GRANDPARENT MAY RESIGN AS AGENT AND MUST IMMEDIATELY

COMMUNICATE SUCH RESIGNATION TO THE PARENT, AND IF COMMUNICATION WITH SUCH

PARENT IS NOT POSSIBLE, THE AGENT GRANDPARENT SHALL NOTIFY CHILD PROTECTIVE

SERVICES OR SUCH GOVERNMENT AUTHORITY THAT IS CHARGED WITH ASSURING PROPER

CARE OF SUCH MINOR CHILD.

(6) THIS POWER OF ATTORNEY MAY BE REVOKED IN WRITING BY ANY AUTHORIZING

PARENT. IF THE POWER OF ATTORNEY IS REVOKED, THE REVOKING PARENT SHALL

NOTIFY THE AGENT GRANDPARENT, SCHOOL, HEALTH CARE PROVIDERS, AND OTHERS

KNOWN TO THE PARENT TO HAVE RELIED UPON SUCH POWER OF ATTORNEY.

(7) IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU

SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

POWER OF ATTORNEY FOR THE CARE OF A MINOR CHILD

made this day of , .

(1) (A) I, (insert name and address of parent or

parents), hereby appoint (insert name and address of grandparent to

be named as agent) as attorney in fact (the agent grandparent) for my child

(insert name of child) to act for me and in my name in any way that

I could act in person.

(B) I hereby certify that the agent grandparent named herein is the

(place a check mark beside the appropriate description):

Biological grandparent;

Stepgrandparent;

Biological great-grandparent; or

Stepgreat-grandparent.

(2) The agent grandparent may:

(A) Enroll the child in school and in extracurricular activities,

have access to school records, and may disclose the contents to others;

(B) Arrange for and consent to medical, dental, and mental health

treatment of the child, have access to such records related to treatment of

the child, and disclose the contents of such records to others;

(C) Provide for the child's food, lodging, recreation, and travel; and

(D) Carry out any additional powers specified by the parent as

follows:

(3) The powers granted above shall not include the following powers or

shall be subject to the following rules or limitations (here you may include

any specific limitations that you deem appropriate):

(4) This power of attorney for the care of a minor child is being

executed because of the following hardship (initial all that apply):

(A) The death, serious illness, or terminal illness of a parent;

(B) The physical or mental condition of the parent or the child

such that proper care and supervision of the child cannot be provided by the

parent;

(C) The loss or uninhabitability of the child's home as the result

of a natural disaster;

(D) The incarceration of a parent; or

(E) A period of active military duty of a parent.

(5) (Optional) If a guardian of my minor child is to be appointed, I

nominate the following person to serve as such guardian:

(insert name and address of person nominated to be guardian of the minor child).

(6) I am fully informed as to all of the contents of this form and I

understand the full import of this grant of powers to the agent grandparent.

(7) I certify that the minor child is not emancipated, and, if the minor

child becomes emancipated, this power of attorney shall no longer be valid.

(8) Except as may be permitted by the federal No Child Left Behind Act,

20 U.S.C.A. Section 6301, et seq., and Section 7801, et seq., I hereby certify

that this power of attorney is not executed for the primary purpose of

unlawfully enrolling the child in a school so that the child may participate

in the academic or interscholastic athletic programs provided by that school.

(9) I certify that, to my knowledge, the minor child's welfare is not

the subject of an investigation by the Department of Human Services.

(10) I declare under penalty of perjury under the laws of the State of

Georgia that the foregoing is true and correct.

Parent Signature:

Printed name:

Parent Signature:

Printed name:

Signed and sealed in the presence of:

Notary public

My commission expires

"

(c) The following notice shall be attached to the power of attorney:

"ADDITIONAL INFORMATION:

To the grandparent designated as attorney in fact:

(1) If a change in circumstances results in the child not living with

you for more than six weeks during a school term and such change is not due to

hospitalization, vacation, study abroad, or some reason otherwise acceptable

to the school, you should notify in writing the school in which you have

enrolled the child and to which you have given this power of attorney form.

(2) You have the authority to act on behalf of the minor child until

each parent who executed the power of attorney for the care of the minor child

revokes the power of attorney in writing and provides notice of revocation to

you as provided in O.C.G.A. Section 19-9-128.

(3) If you are made aware of the death of the parent who executed the

power of attorney, you must notify the surviving parent as soon as

practicable. With the consent of the surviving parent, or if the whereabouts

of the surviving parent are unknown, the power of attorney may continue for up

to six months so that the child may receive consistent care until more

permanent custody arrangements are made.

(4) You may resign as agent by notifying each parent in writing by

certified mail or statutory overnight delivery, return receipt requested, and

if you become unable to care for the child, you shall cause such resignation

to be communicated to the parent. If communication with such parent is not

possible, you must notify child protective services or such government

authority that is charged with assuring proper care of such minor child.

To school officials:

(1) Except as provided in the policies and regulations of the county

school board and the federal No Child Left Behind Act, 20 U.S.C.A. Section

6301, et seq., and Section 7801, et seq., this power of attorney, properly

completed and notarized, authorizes the agent grandparent named herein to

enroll the child named herein in school in the district in which the agent

grandparent resides. That agent grandparent is authorized to provide consent

in all school related matters and to obtain from the school district

educational and behavioral information about the child. Furthermore, this

power of attorney shall not prohibit the parent of the child from having

access to all school records pertinent to the child.

(2) The school district may require such residency documentation as is

customary in that school district.

(3) No school official who acts in good faith reliance on a power of

attorney for the care of a minor child shall be subject to criminal or civil

liability or professional disciplinary action for such reliance.

To health care providers:

(1) No health care provider who acts in good faith reliance on a power

of attorney for the care of a minor child shall be subject to criminal or

civil liability or professional disciplinary action for such reliance.

(2) The parent continues to have the right to all medical, dental, and

mental health records pertaining to the minor child."