This bill introduces a provision that allows parents or guardians to appoint a temporary agent for their minor child or an incapacitated person for a period not exceeding 60 days. The appointed temporary agent can be delegated any of the parent's or guardian's powers concerning the care, custody, or property of the minor or incapacitated person, with the exception of consenting to marriage or adoption. The delegation must be in writing, signed by the parent or guardian, attested by two adult witnesses who are not the temporary agent, and include the written acceptance of the temporary agent.
The bill also outlines specific conditions and limitations to the appointment of a temporary agent. For instance, a parent subject to a parenting plan can only appoint a temporary agent during their court-ordered parenting time and in accordance with the plan. If there is no parenting plan, a temporary agent cannot be appointed if the other parent is known, willing, and able to provide care, unless they consent in writing. The bill prohibits the appointment of a temporary agent in cases where the non-appointing parent has a protective order against them, is under investigation for crimes related to children, or if the appointing parent's rights have been terminated or they are trying to avoid an investigation for child abuse or neglect. The delegation can be revoked or amended by the parent or guardian, and the court can limit or alter the authority of the temporary agent. The act is set to take effect on January 1, 2025.
Statutes affected: As Amended by the House: 461-A:2, 461-A:6