Minnesota Delegation of Parenting Information and Form

Children on Picnic

Minnesota allows a parent to name another person to act as a parent to his or her child for a maximum period of one year.  This Minnesota statute is useful when you are traveling or deployed or have to leave your child  in another’s care for any reason like a new job in another state.

A Minnesota delegation of parenting is usually necessary to allow a non-parent to consent to medical treatment for the child. A child’s school may also require a delegation.

Delegation of your parenting rights doesn’t mean that you give up your parental rights or powers in caring for your child.   The delegation just adds a person to your powers to allow that named person to care for your child as you would when you are not available.

The delegation  form is a simple directive, but  must be completed by all parties. Signatures to the form must be notarized.  The form does not  have to be filed with the Court.  The Court does not have to approve the delegation by an order.  All parties to the completed form should have a copy.  The child’s medical providers and school should have a copy as well.

If you are a single parent and there is another  identified parent, then the statute has specific notice requirements that you must follow.

You may cancel the delegation at any time by giving notice to person who accepted the delegation.  Giving notice in writing by certified mail is usual.  Keep proof of your cancellation.

This statute and form applies to Minnesota only.  If your child is going to another state, then you must find out if that state accepts the Minnesota delegation or if that state has its own delegation procedure.  As always if you have questions, then consult your attorney.

Minnesota Delegation of Parental Powers PDF Form:   del_parent

Minn. Stat.  524.5-211

(a) A parent, legal custodian, or guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption of a minor ward.

(b) A parent who executes a delegation of powers under this section must mail or give a copy of the document to any other parent within 30 days of its execution unless: (1) the other parent does not have parenting time or has supervised parenting time; or (2) there is an existing order for protection under chapter 518B or a similar law of another state in effect against the other parent to protect the parent, legal custodian, or guardian executing the delegation of powers or the child. (c) A parent, legal custodian, or guardian of a minor child may also delegate those powers by designating a standby or temporary custodian under chapter 257B.

 

Kate Willmore  Saint Cloud, Minnesota, Divorce,  Family Lawyer & Mediator

(320) 217-6030  or  e-mail:  kaw@katewillmorelaw.com

http://www.katewillmorelaw.com     http://www.mediationminnesota.com

Copyright 2013.

About Kate Willmore, Esq.

Kate Willmore, Saint Cloud, Minnesota, divorce, custody and family attorney brings over 25 years experience to every client's legal matter. *** Licensed in Minnesota and in California

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