Powers of attorney, whether specific or general, can be used by families to legally strengthen family- planned or informal care.  It provides adults, particularly relative caregivers, with the ability to care for a child when the child's parents are not able to do so because of physical illness, mental health challenges or incarceration.

Ohio provides two options for relatives who need make decisions for children in their families: a power of attorney and a Child Caretaker Authorization Affidavit.  The Power of Attorney, signed by a parent, allows a relative to authorize the child’s enrollment in school, be involved in educational planning for the child, and arrange for the child’s routine and emergency medical, dental, and psychological treatment.  When a parent cannot be located after reasonable efforts to find him or her, Ohio law allows a relative to obtain a Child Caretaker Authorization Affidavit that allows a relative to temporarily assume the same rights as under a Power of Attorney. Unlike a Power of Attorney, the Affidavit must be filed with the local juvenile court within five days of signing it.

Washington, DC law describes “custodial power of attorney” which can be used by extended family members who are caring for children to obtain medical care and other services that would otherwise require the parent’s consent.  As with other states’ powers of attorney, the custodial power of attorney requires the consent of the parent.