Traveling Without Your Kids this Summer? Appoint a Temporary Guardian to Handle Emergencies While You Are Away

If you are the parent of young children, you know that traveling without your children can be worrisome. You may be concerned about how emergency decisions will be made for the child while you are away. To ease your worries, before you go away, I recommend that you sign a legal document to authorize others to make decisions for your child.

The legal document is an Appointment of Temporary Agent for the Care of a Minor. In the Appointment, you authorize a family member to make decisions, including medical decisions, in an emergency. This can include taking the child to an emergency room or authorizing diagnostic tests – such as a COVID test – or surgical procedures and treatment. In addition, it will authorize the family member to take the child to a pediatrician or urgent care center for routine care.

To be effective under Massachusetts law, the Appointment must be signed by both parents. It states that the parents temporarily delegate to the family member parental powers, including the authority to consent to medical treatment. It must be signed by both parents in the presence of two adult witnesses. It may remain effective for up to sixty days.