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Category: Estate Planning | FAQs

FAQs: The Babysitter Consent Form

This Preventive Law Alert was written by: John Goodson, Colleen Manley and Christine Goodson Forakis.

Who needs one?

Every parent of minor children and all those who baby sit them. It avoids possible legal and medical problems that may arise while baby sitting. A friend or relative should not be forced to face a situation where their ability to consent on the child's behalf is questioned by a person in a position of power.

What does it do?

The form gives the person left in charge of someone else's child the power to do what is legally necessary to make decisions regarding that child. No one will say that your child must wait for medical treatment or cannot sign up for little league.

Where do you keep it?

You give the executed originals to the custodians. You may have multiple persons at the same time having this consent. You keep blank copies of the forms in your estate notebook with your other estate planning documents.

When do you use it?

Whenever someone requests a parent's approval. The babysitter presents the form to the person requesting a parent's approval. This is legally enforceable document and most people who require it are familiar with the concept.

How long is it valid?

The form is valid either until the child turns eighteen or you revoke it. You revoke it by taking the form back from the person you gave it to or by limiting the duration of its effectiveness in the space on the form designated "termination date." You have the flexibility to meet your individual needs.

Does a relative, other than the natural parent or legal guardian, need one?

Yes. The law requires a parent's approval for countless situations involving their minor children. There is no exception for grandparents, brothers, sisters, aunts, uncles, or cousins. You will need more than oral authorization, that is why we recommend everyone you trust be given this form.

What if someone refuses to honor the form?

The form authorizes the custodian to sue whoever impedes its implementation. Just showing the person standing in the way that paragraph in the form may cause them to temper the reluctance to cooperate.

May the form be used with adult, but incompetent or disabled children?

Yes, it is designed to be useful in these situations also. These custodians of these children might have a greater need for the form because of the condition of the child in their care.

May the temporary custodian approve an abortion for a minor child behind the parents back?

No. The form includes provisions that limit the consent that the temporary custodian may give on the parent's behalf. Our form prevents the custodian from authorizing abortions, birth control, tattoos, or body piercing. You may include any limitations you prefer in the form in the special instructions section.

What if the parents have non-traditional views about raising children or concerning medical treatment?

We designed the form to allow the parents to provide special instructions that legally bind the babysitter. The parent relieves the baby-sitter from all liability unless he/she acts negligently or worse.

What is the usual procedure at the hospital when the form is used?

You present the form at the time of check-in. The staff should be familiar with this type of form and you will be able to act as the natural parent would in that situation. If there is a problem, you should ask them to read the form and pay special attention to the provisions authorizing legal action if it is not honored.

When you are in charge of a group activity with many minor children, like a camp fire girl outing, how do you handle this?

You use this form as a permission slip. Send a blank copy of the form home with the children who will attend and have the parent's return an executed copy before the outing. This way you are safe and so are the children.

Will the custodian be liable for the medical treatment that they authorize on the minor child's behalf?

No, the parent's will be liable. The consent you give is in reality the parent's consent. This means you may rest assured that your good deed will go unpunished. The parents relieve the custodian of this liability

Why does it need to be notarized?

To authenticate signatures to the doctors, nurses and hospital staff. They have no way of knowing the signatures are genuine without notarization. A properly executed form will make you, the custodian and the medical staff happy and will ensure that the minor child receives the quickest attention possible.

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DISCLAIMER
The content of this report is general in nature and is meant to be used for informational purposes only. Due to possible changes in the law and interpretations of the law, in addition to the uniqueness of each individual's situation, this report should not be relied upon as an expression of legal advice. Before any action is taken by the reader, it is imperative that legal counsel or professional advisors be consulted.

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