2010 Tennessee Code
Title 34 - Guardianship
Chapter 6 - Power of Attorney
Part 3 - Power of Attorney for Care of a Minor Child Act
34-6-302 - Delegation of authority “Parent” defined.

34-6-302. Delegation of authority “Parent” defined.

(a)  (1)  A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to:

          (A)  The serious illness or incarceration of a parent or legal guardian;

          (B)  The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or

          (C)  The loss or uninhabitability of the child's home as the result of a natural disaster.

     (2)  A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.

(b)  The power of attorney for care of the minor child shall be signed and acknowledged before a notary public by the parent.

(c)  For purposes of this part the term “parent” includes a legal guardian or legal custodian of the minor child.

[Acts 2003, ch. 71, § 1; 2004, ch. 521, § 1.]  

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