SB 3 allows a parent or legal custodian of a child, by a properly executed power of attorney to designate caregiving authority of a child to an adult residing within the state for up to one year. The powers retained by the attorney-in-fact do not include the power to consent to the marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the termination of parental rights to the child. However, such authority may be delegated via the parent or legal custodian through writing a power of attorney for the care of the child without the approval of a court. The attorney-in-fact retains the same parental rights, duties, and responsibilities that the parent or legal custodian holds in accordance with state and federal law.

 

In regards to the decisions made on behalf of the child, the attorney-in-fact possesses the ability to make decisions as to the type of school the child will attend, up to and including: public, private, or home study programs. However, actions set forth by the attorney-in-fact aimed at addressing the educational needs of the child cannot circumnavigate the Federal No Child Left Behind Act 20 U.S.C.A. Sections 6301 and 7801, relating to enrollment motives based solely on academic or interscholastic gains. 

 

Furthermore, children subject to the power-of-attorney cannot be considered for foster care placement, nor can the attorney-in-fact be subjected to the same stipulations as child care facilities, or foster care environments. In addition, the parent or legal custodian can revoke the power of attorney authorized by Code Section 19-9-142 at any time, or extend a new power of attorney for another year provided a new document is signed by both of the consenting parties. 

 

Exceptions to the one year power and authority limitations include individuals called to active duty within the armed forces of the United States including the Reserves, the commissioned corps of the National Oceanic and Atmospheric Administration, and those employed by the Public Health Service of the U.S. Department of Health and Human Services. Said individuals may authorize the power and authority authorized by Code Section 19-9-142 for longer than one year, not to exceed the length of active service plus 30 days. 

Code section 19-9-149 contains language by which parents and legal custodian can delegate their power and authority to their chosen attorney-in-fact. The process requires the signatures of both consenting parties on the aforementioned document and the signature and seal of a notary public. The document includes the stipulations as set forth in SB 3, along with space to indicate the date the agreement was signed, and the expiration date of the commission held by the attorney-in-fact.