Power of attorney to represent the interests of the child

When do you need a power of attorney for a child?

Some parents are concerned about the problem - is their permission required for a teenager to travel unaccompanied?
At what age can a minor travel unaccompanied by an adult?

The rules for traveling a child are regulated by Art. 20, Article 21, Article 22 of Law No. 114 Federal Law of the Russian Federation of August 15, 1996 “On the procedure for leaving the Russian Federation and entering the Russian Federation”, which provides the following basic provisions:

1. A teenager does not have the right to move independently until the age of 12.
2. Moving with teenagers under 12 years of age in the Russian Federation can be carried out with elders, subject to the mandatory consent of the father and mother.
3. From the age of 12, a teenager has the right to move independently across the territory of the Russian Federation, without the presence of elders.
4. A power of attorney for a baby under 2 years old may be required from two parents only when leaving the Russian Federation.

The departure of a teenager to another state is permitted only upon presentation of a power of attorney for the teenager, which is confirmed by a notary. In this case, a minor is considered to be a teenager under 18 years of age.

( Video : “Do I need to issue a power of attorney for a child”)

In what cases is a power of attorney needed?

If the child remains an orphan, guardianship is issued over him. But it happens that parents are busy with their careers and disappear for days at work or on business trips. Or maybe the family is incomplete, and the only parent unexpectedly ended up in the hospital. You never know how many situations may arise in which your grandmother’s help will be needed!

Of course, she will be able to solve ordinary everyday issues, but in some cases it is impossible to do without a power of attorney duly executed in her name.

The most common of them are:

1. Situations related to healthcare facilities.
2. Situations related to preschool and educational institutions.
3. Administrative level situations.

The listed situations require increased attention from adults. Moreover, each case may require several decisions to be made at once.

As for situations in medical institutions, these include the following questions:

• give or refuse consent to the hospitalization of a minor;
• sign a waiver of surgical intervention;
• enter into an agreement to provide medical services to the child;
• contribute funds to pay for the treatment of a grandson or granddaughter;
• receive oral information about the baby’s health status from the attending physician or a written extract from his medical history.

The child's representative must have a power of attorney to receive information and carry out the actions described above.

Among the situations related to preschool and educational institutions, the following most often require permission:

• receive information from school teachers about the student’s progress;
• receive information from educators about the physical and psychological condition of the minor;
• pay for the maintenance of minors in preschool or education in an educational institution.

In order for the grandmother to help the baby and pick him up from kindergarten, permission from the parents is needed.

Administrative level situations include:

• traveling abroad with a child;
• traveling within the borders of the Russian Federation, due to the fact that the legislation of some regions does not allow minors to appear in public places unaccompanied by relatives or responsible persons;
• observance of the so-called “curfew”, after which minors under the age of seven have no right to appear on the street, and older children can only go out when accompanied by their parents and authorized representatives.

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It should be noted that regional legislation may establish its own requirements.

For example, the government of the Krasnodar Territory adopted a law requiring parental consent for a citizen accompanying a minor on his way by rail.

In addition, a signal from teachers to the guardianship authority that the child is left to his own devices may provoke an inspection and threaten the family with serious troubles. An official document issued to the grandmother will confirm her authority in relation to the minor and justify the lack of parental care.

Power of attorney for a child when traveling abroad

Official permission from the father and mother for a teenager to leave the Russian Federation is required in two circumstances:

1. Upon receipt of a visa at the embassy.
2. When leaving the Russian Federation.

In the first circumstance, the power of attorney is issued in accordance with the law of the state where the teenager is sent.

In the second option, permission to leave is issued in accordance with the federal law of the Russian Federation.

To purchase permission for a teenager to leave the Russian Federation, you need to prepare a set package of documentation.

In addition to the prepared certificates, you will need to provide information about the duration of the trip and which countries you plan to visit.

If a child is traveling from the Russian Federation with his father or mother, then permission to leave is not required. If a teenager leaves the Russian Federation with other relatives or in a group, then in this case permission to leave from his father and mother will be required.

Adults often ask the question: Is it possible for only one parent to consent in this option?

Issuance of consent to departure signed by only one of the parents is carried out upon presentation of:

• Certificates that the child is being raised only by the mother.
• Certificates from the registry office confirming that the father in the baby’s documents is recorded from the mother’s words.
• Certificates (copies) of the death of father or mother.
• Copies of the court verdict on deprivation of parental rights.
• Certificates from the Ministry of Internal Affairs that the parent’s place of residence is unknown.

All copies of documents must be notarized.

If the father or mother filed a petition with the migration agency to object to the teenager’s departure from the country, the problem can only be resolved by the court.

If the mother or father went on a business trip or are far away for another reason, then this option allows the execution of two separate notarized consents to leave.

Compiled by

The main nuance is that both parents give consent to the transfer of custody rights. This does not depend on the status of the marriage - the presence of the father or mother with a passport is necessary even with an official divorce. If this is not possible, a certificate from law enforcement authorities about an unknown absence or a death certificate is provided.

If one of the parents has issued an official ban, for example, on the child traveling abroad, then a decision on the possibility of accompaniment is obtained in court.

The document can be certified in other places. In some cases, they turn to the employer or representatives of the homeowners association for this purpose. However, a notarized power of attorney for a child for a grandmother is a document that has maximum legal weight in the eyes of the competent authorities. Contacting a notary will also help to avoid possible errors during drafting. The presence of the child at any stage of the procedure is not required - only personal data provided by the parents is required. A self-drafted power of attorney is submitted by the mother and father. If you decide to start decorating right on the spot, then you need to invite your grandmother.

Across Russia

When traveling around the Russian Federation, there is no need to draw up a power of attorney for a teenager.
At the same time, having such a form can be useful. So, if it is available, neither train conductors, nor airplane and ship crew workers, nor the transport police will have questions about accompanying a child by an adult citizen. It should be noted that the permit is a purely formal document. After all, if a baby travels with his grandparents, then proving the relationship is very problematic, since there are no such records in the forms confirming the baby’s identity.

Therefore, when accompanying a child, it is advisable for a senior citizen to stock up on the following documents:

• Passport.
• Baby's birth certificate.
• A permit document from the father and mother to accompany the baby.

It should also be borne in mind that a teenager has the right to travel on trains after he turns 10 years old, and on planes or buses when he reaches 12 years old.

At the same time, we must take into account that there are cities where a kind of curfew has been established, limiting the presence of a teenager in public places without adults. If this circumstance is not observed, the teenager may be detained until his relatives arrive.

To summarize, we can note the following: despite the fact that when moving around the Russian Federation, a power of attorney for a teenager is not required, having one will not be superfluous.

Can one of the parents draw up a power of attorney for a child?

As a rule, consent to travel with a teenager is signed by both parents.
However, situations are possible when, for some reason, one of them is absent (for example, a business trip or other reason). The question arises: will a document signed by one parent receive valid status? Legislative provisions allow the issuance of such a certificate. A grandmother and a child can leave the Russian Federation with the permission of only the father and mother, but to travel with a teenager within the territory of the Russian Federation, the signature of only one of the parents is allowed. In this option, you only need to follow the general rules for drawing up a power of attorney:

1. The names and passport details of the father and mother, as well as the citizen with whom the teenager will travel, must be recorded.
2. The full name of the baby, the day of his birth and all the details from the document confirming his identity (passport, if he is 14 years old, or birth certificate) must be written down.
3. The powers of the trustee must be specified.
4. It is required to note the date of acquisition of the power of attorney and the duration of its validity, although the period may not be specified.
5. Notarized confirmation of such a form is mandatory when moving across the Russian Federation. When leaving the Russian Federation, such consent must be certified by a notary.

Conditions and design features

Only his parents or other legal representatives can trust a grandmother to represent the interests of a grandson or granddaughter.

The type of parental consent provided and the amount of information provided depends on the situation in connection with which it is issued.

Federal Law No. 323-FZ dated November 21, 2011 “On the fundamentals of protecting the health of citizens in the Russian Federation” established the procedure for providing medical care to minors. Children under 15 years of age must be accompanied by an adult with legal capacity who has a special or one-time power of attorney to represent the interests of the child in a medical institution from his parents.

Regardless of whether the minor is undergoing inpatient or outpatient treatment, the document has a similar spelling and may differ only in the set of powers assigned to the trustee.

Parents can delegate to the grandmother any rights in the field of protecting the health of their beloved child:

• making decisions about vaccinations;
• consent to hospitalization and surgery;
• presence at procedures and medical procedures and others.

The instructions of the principals must be lawful and unambiguous. Since the main task of both parties is to protect the health and life of the child, it would be useful to indicate in the document any contraindications associated with allergies or other diseases.

Attention! The more specific and relevant the information specified in the power of attorney is, the fewer problems the medical institution will encounter, and the medical care it provides will be the most efficient and qualified.

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When drawing up this type of document, it is worth specifying in detail all permitted actions.

Is it possible to write a power of attorney for a child by hand, sample

The law does not regulate the mandatory drawing up of a power of attorney using technical means. The main thing is that the document is filled with legible text and does not contain gross legal errors. These errors include:

1. Incorrect filling of the name (or title, when drawing up a document by an institution) of the principal and accompanying citizen.
2. Lack of information identifying the accompanying person.
3. Lack of signature of the principal (unsigned permission is invalid).
4. No completion date.

A manually completed power of attorney must display:

• Details of mother and father and trusted citizen.
• Displays the powers vested in the authorized person.
• Date of completion.
• Signatures of the father and mother and the person who will travel with the baby, or a seal if the document was issued by an institution.

What documents are required to create a power of attorney?

If permission to leave the Russian Federation is issued, confirmation of signatures by a notary is required. To do this, you need to prepare the following documentation:

1. Svid. birth certificate or passport, when the boy is 14 years old.
2. Passports of mother and father.
3. Passport of a citizen traveling with a teenager.
4. Certificates confirming the legality of the mother’s or father’s consent.
5. Document on marriage or divorce.
6. A court ruling allowing a teenager to leave the Russian Federation if one parent disagrees.

When passing through customs and passport control you will need to present:

• International passport for a teenager.
• Civil passport or birth certificate.
• Availability of a visa.
• Medical insurance
• Permission approved by a notary.
• Reason for departure: voucher, medical. testimony, etc.

In some cases, a citizen traveling with a teenager may be asked to provide additional certificates to clarify his status. For example, if a teenager goes abroad with a coach, the latter must provide documents certifying this fact.

( Video : “How to properly issue a power of attorney”)

Types of powers of attorney

If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

For cases that require the transfer of powers and responsibility to the grandmother, separate types of power of attorney are provided. Let's consider the features of compilation and the necessary content.

For treatment and examination

The document is issued so that the grandmother has the opportunity to:

1. Visit clinics and other medical institutions with your child. The right to accompany you is necessary to leave your child in the hospital for inpatient treatment and pick him up.
2. Be present during surgical operations.
3. Give consent to the provision of medical services (vaccinations, examinations, medication).

In emergency cases, the document will allow the grandmother to give consent to the child’s hospitalization. Therefore, it is worth drawing up in order to provide for possible unplanned situations.

When registering a power of attorney for the treatment of a child, you can discuss a list of powers with the grandmother. It is more correct to indicate not general rights, but specific cases and procedures, precisely spelling them out in the text of the document.

For accommodation and education

Taking out temporary guardianship is often a necessary measure.
The need is usually associated with either the long-term departure of the parents or the relocation of the ward. The procedure for obtaining a parenting power of attorney is a lengthy process. You will need to contact the competent authorities and wait for confirmation. Therefore, it is worth preparing in advance. In a situation where the parent is alone and it is necessary to urgently go to the hospital for a long time, this can be critical. Such a power of attorney will allow the grandmother to become a temporary guardian of her grandson, if he does not yet have a passport, or a trustee (in the interval between receiving it and reaching maturity). The document gives the right to officially deal with issues of living and raising a child.

For representation of interests

Only parents speak on behalf of the child in court and other authorities without special documents. To do this, it is enough to have a passport confirming the relationship. To transfer responsibility to your grandmother, you need to draw up a power of attorney. Until the age of 14, authority can only be delegated by an official guardian. After reaching this age, a child can draw up a general document himself with the consent of the guardian. Due to the fact that a power of attorney is in most cases necessary in court, it must be certified by a notary, and its execution is coordinated with the guardianship authorities.

To be accompanied to school or preschool

The need for a grandmother to have such a power of attorney depends on the region of residence.
Usually, you are allowed to pick up a child from kindergarten or school when the teacher or educator knows the relative by sight. If you have any questions, you can consult for free via chat with a lawyer at the bottom of the screen or call by phone (consultation is free), we work around the clock.

In some regions, control is more strict - the administration transfers the child only to mom and dad or by proxy. This is explained by the fact that during the stay of a minor in an educational institution, responsibility for life and health falls on the staff of the school or kindergarten.

The law in this case does not see the difference between a relative and another person. The choice of attorney is up to the parents. Such a power of attorney does not need to be notarized.

Traveling around the country

The presence of such a power of attorney for the grandmother is not mandatory from the point of view of the law. Again, a lot depends on the region - somewhere on a trip through Russia you won’t even be asked for the document, but in some areas it may be required. Therefore, it is better for the grandmother, as an accompanying person, to have a power of attorney with her. Despite the illegality of the demands presented, its presence will allow you to avoid possible problems, proceedings and delays. Don't understand the article or need help? Ask our in-house lawyer a question through the Online Consultant form or leave a comment. We will definitely answer!Ask a question >>> The document is drawn up in free form, no certification is required. It is enough for parents to indicate the details of the parties and indicate the grandmother’s right to accompany the child, responsibility for life and health. It wouldn’t hurt to indicate the duration of the trip (you can also write the place of arrival, for example, a specific sanatorium). Additionally, they usually indicate the inadmissibility of traveling abroad and delaying the child after the end of the planned trip.

For trips abroad

A popular case of issuing a power of attorney for a child is given to a grandmother, the example of which is the most in demand. The child will be released abroad only with mom and dad or with a notarized document. The rule applies when traveling with one parent - the approval of the second is not necessary. The main thing is that there is consent from the mother. To travel with your grandmother, both signatures are required. Mandatory points that should be indicated when registering:

• personal data of the parties;
• permission for a child to travel to another state;
• indicate the duration of stay abroad – dates of departure and return;
• a list of countries to which the child will travel with a proxy, with a mandatory indication of the purpose of the visit.

Do I need to contact a notary?

As noted earlier, a power of attorney must be certified by a notary if a teenager goes abroad. To obtain such a form from a notary you will need:

1. The presence of father and mother.
2. Passports of parents and authorized persons.
3. Child's birth certificate.
4. Marriage certificate.
5. Information about the teenager’s travel destination with a trusted person.
6. Indicate the duration of the trip.

You will have to pay a certain amount to obtain such a form from a notary.

Note. You can obtain a power of attorney from a notary on a strict reporting form, with a unique number assigned to the form. The form is signed by the applicants, as well as the notary, with his signature supported by a seal.

Registration procedure

The registration procedure is established by law. A self-written document does not provide most of the authority, so it is worth using a notarized version. Actions:

• a form is drawn up taking into account all the required points and indicating the parties’ data;
• all the main situations and validity periods are specified;
• indicate nuances, for example, the possibility of transfer of trust;
• the document is certified by a notary;
• the immediate authorized representative takes up his duties and carries out the necessary procedures.

After completion of actions or expiration of the period, the document loses its force, which means the removal of authority from the trustee.

Contents of a power of attorney to represent the interests of a child

Any power of attorney has mandatory content, which establishes all factors and powers.

Important! The sample should be used to ensure there are no errors, as well as to include all the points that are important when drafting. All important information is included in the document before it is signed. Further additions in the form of new items are not possible.

According to Article 185 of the Civil Code of the Russian Federation, registration is carried out strictly in writing with certification from a notary.

To be legally valid, you will need to enter the following information:

• information about parents;
• information about the child;
• information about the authorized person;
• name and content indicating the location and date;
• a list of powers and an indication of the cases in which they are possible;
• duration of powers and actions;
• information about the notary who certified the paper.

An important point is the compliance of the rights granted to the child with the law. None of the points should infringe on the interests of the minor himself. Otherwise, the document will be void.

All parties must be present during the registration process, since after familiarization with the obligations and rights, signatures are placed.

If interaction is carried out with a government agency, its seal must be affixed.

Sample

Sample power of attorney to represent the interests of a child

Validity

The validity period is determined independently by interested parties. If there is no set deadline, the duration is unlimited. But there is a nuance here. With an independent type of power of attorney, legal force disappears one year after the paper is written.

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Most often, deadlines are formed based on the completion of necessary tasks. There are no restrictions in legislation. The only point is the date of issue of the paper, since without it there is no legal force.

Do I need to get it certified by a notary?

Notarization is not always necessary. For example, issuing credentials to a teacher during an excursion to another city may have an independent option. At the same time, in other situations that require significant powers, contacting a notary is mandatory.

In any case, certification by a notary is desirable, as it allows the authorized person to carry out his activities in a wider range.

Example of power of attorney to represent the interests of a child