The value of the power of attorney in the life of a modern person is difficult to overestimate. How often do we resort to this form of transferring our rights to other persons? Almost everyday. A power of attorney to receive correspondence, conclude transactions, to drive vehicles, to represent interests in court is not a complete list of delegation of authority. Not to mention the oral reassignment, when we ask our loved ones to perform certain actions on our behalf and in our interests.
One of the types of such documents is a power of attorney for a child. It can be made in different situations. For example, for a minor to travel unaccompanied by legal representatives or in the case of a long absence of parents when they are forced to leave their child in the care of other persons, including relatives.
Why and where is it used
Probably, many parents have repeatedly faced this situation when, in order to send their child on a trip with classmates, a travel agency requires a completed letter of attorney for the child, a sample of which it provides, drawn up in the name of the class teacher. Fortunately, the agency itself takes on most of the cares for issuing a special permit.
Departure of a minor child outside the Russian Federation requires a more serious approach. In addition to a notarized power of attorney, you will need the written permission of the parent who has established a restriction (ban) on the exit of his child.
In addition, some constituent entities of the Russian Federation are especially sensitive to the problem of the appearance of minors in public places without parental supervision. Therefore, in certain cases, a power of attorney for a child in Russia is also necessary. It can be issued for a close relative of a minor, with whom he goes on a trip.
Power of attorney for the export of a minor outside the country
Usually, such a document is required if the child leaves the country not with the parent, but with close relatives or as part of tourist groups.
However, an important aspect should be taken into account, namely: some countries require a notarized power of attorney for a child abroad when leaving with one of the spouses, even if there is an officially registered marriage between parents. Therefore, it is extremely important to clarify this nuance before you start paperwork.
Execution of a power of attorney when traveling abroad
To draw up a power of attorney for a relative (for example, grandmother, grandfather, brother, sister, aunt, uncle), contact the notary office, having previously prepared the following documents:
- identity card of each spouse;
- birth certificate of a child;
- identity card of a trustee (relative);
- a document confirming the relationship of the principal and trusted citizen.
If one of the parents of the minor died at the time of writing, a death certificate is provided.
If the location of the second parent has not been established, you will need a certificate issued by the internal affairs authorities stating that the father or mother of the child does not participate in the upbringing of the minor, and his current location is unknown.
Important! The opinion of a parent deprived of rights on the basis of a court decision is not taken into account by law, nor is an incapable citizen recognized by a court or a missing citizen.
An exit permit is required when a child whose parents are divorced leaves abroad .
As in the case of the power of attorney, if the location of one of the spouses is unknown, you will need a special certificate issued by the police.
Power of attorney per child for close relatives
Such a document is required if traveling with a minor is planned outside of Russia, as well as in some regions of our country. In any case, the document will not be redundant anywhere in the world if the minor travels with close relatives, and not with his legal representatives.
Moreover, you need to draw up a parental power of attorney for the child in an appropriate manner, and for this you need notary services.
Clearance procedure
The procedure is paid and requires the collection of a certain list of documents for submission to an authorized person:
- passport of one or both parents;
- proxy passport;
- minor birth certificate;
- certificate of marriage or divorce;
- a document certifying the relationship of the trustee with the trustees (for example, the birth certificate of the mother or father of the child, depending on who the minor is traveling with).
What should be included in the content of the power of attorney?
Any power of attorney for a child, regardless of whether it is drawn up personally by the trustee or notary, must include a mandatory set of information, in particular:
- Name of the document, full date and place of its preparation.
- Details of the principal and the authorized person (including details of the identity card and registration address).
- The list of powers and duties assigned to a proxy in relation to a minor indicating the place of stay (country, region, republic).
- The period during which the document is considered valid.
- Signatures of both parties indicated in the document.
Certification of a document
Even a self-written document requires the certification of an authorized person, so you still have to turn to a notary's office.
The presence of a minor during the certification of a document is optional, but the participation of a proxy is necessary.
The fact is that only an authorized person is entitled to certify the legal capacity of both parties. The right to represent the interests and protect the interests of the minor is granted to a fully capable citizen.
Why do I need a power of attorney and where can I do without it
In emergency situations, the power of attorney may become an exceptional necessity. For example, imagine a situation where a child needs urgent medical attention, and for this, the consent of his parents is required. In this case, the responsibility will fall on the temporary legal representative of the minor, because a 100% guarantee of the safety of future travel is impossible in principle.
Countries such as Turkey, Egypt, Thailand do not impose strict requirements regarding the availability of a power of attorney for a child, but some countries of the former Union, on the contrary, consider this condition to be mandatory. For example, the Republic of Belarus, Moldova, Ukraine. These countries require the original document, not a simple copy.
To enter the territory of Schengen countries, a visa is required, which requires a power of attorney for a child.
Most countries require the issuance of a power of attorney for a minor only in cases where he is accompanied by a relative or other representative who is not related to the child (for example, the head of a tourist group). However, try to clarify in the representative office of the country where you plan to send your child whether you need a power of attorney for the child, and also find out the full list of other necessary documents required for the unimpeded entry of a minor into the territory of a particular state.