Your estate plan likely includes powers of attorney for medical and financial matters, ensuring someone can act on your behalf when needed. But have you considered what happens to your minor children when you're out of town?

A comprehensive estate plan should not only protect you but also your children. A Delegation of Parental Authority (DOPA), often called a Parental Power of Attorney (POA), allows you to legally delegate decision-making authority to a trusted nonparent when you are unable to. Whether you're away for business, vacation, or facing other circumstances, this document ensures your child gets the care they need in your absence.

Why You Need a DOPA or Parental POA

Children rely heavily on their parents, especially for legal and medical decisions. Even if your child is older and more independent, you are still legally responsible for their well-being until they turn 18. Without a DOPA, crucial decisions—like medical treatment or school matters—may be delayed or denied in your absence.

A DOPA allows someone you trust, called the attorney-in-fact, to temporarily make decisions on behalf of your child while you're away. This is particularly useful if you're traveling out of state or country, dealing with a medical emergency, or facing military deployment. Without it, schools, doctors, or other authorities may make decisions based on policies that could contradict your wishes.

How a DOPA Works

Each state has its own terminology for DOPA documents, but they all serve the same purpose: granting temporary, quasi-parental rights to a third party. Here's how DOPAs typically work:

• Each child needs a separate DOPA.
• Parents can revoke the DOPA at any time.
• The attorney-in-fact doesn't need to be a family member or U.S. citizen.
• DOPA doesn't take away your parental rights. You can still make decisions for your child, and your instructions override those of the attorney-in-fact.

While DOPA is typically easy to set up, requirements vary by state. For example, some states limit a DOPA's duration to six months, while others allow up to two years. Additionally, some states require the DOPA to be notarized or the other parent to be informed.

Choosing the Right Attorney-in-Fact

Selecting the right person to care for your child is crucial. Choose someone you trust and who shares your values, as they'll be making important decisions in your absence. This could be a close friend, family member, or responsible adult. Your child should feel comfortable with the person to ensure a smooth transition during your absence.

Practical Considerations for Your Trip

Before leaving, ensure that schools, doctors, and other relevant authorities accept your DOPA. Some institutions may have their own forms for picking up your child or authorizing medical care, so double-check their requirements in advance.

Make copies of the DOPA for the attorney-in-fact, and ensure they have access to essential information like:

• Your child's school and teacher's contact details
• Medical insurance and healthcare provider information
• Your child's daily routines and activity schedules
• Emergency contacts and any allergies

Additionally, plan for the financial costs of caring for your child while you're away. You may want to provide your attorney-in-fact with funds or a credit card to cover any unexpected expenses.

Include Guardianship in Your Estate Plan

While a DOPA is temporary, your estate plan should also cover a permanent guardianship arrangement in case the unexpected happens while you're away. An up-to-date estate plan ensures your children are cared for according to your wishes in any scenario.

If you haven't updated your estate plan recently—or if it doesn't cover childcare or guardianship—you may need to make adjustments, especially if there's been a recent life event, such as the birth of a child, divorce, or a change in guardianship preferences.

Plan Ahead for Peace of Mind

Being away from your children can be stressful, but a well-prepared DOPA and comprehensive estate plan can ease those concerns. Protect your family by ensuring your estate plan is up-to-date and covers all childcare contingencies. Contact an estate planning attorney to create or update your plan and gain peace of mind for your next trip.