If at any time you are unable to care for your children, Delegation of Parental Authority (DOPA) allows you to appoint someone else to make decisions for you. At Santiago Legal , we are here to help you understand this document and ensure it is done the right way.
What is Delegation of Parental Authority (DOPA)?
A DOPA is a legal document that allows you to temporarily delegate the care and decision-making about your children to another person, called an "attorney-in-fact." This includes decisions about health, education, and daily welfare, such as taking the child to the doctor or allowing school absences. However, it does not authorize decisions about adoption or marriage.
It is important to note that DOPA does not take away your authority as a parent, and you can override the guardian's decisions at any time.
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When should you do a DOPA?
If you live in Minneapolis or anywhere in Minnesota and need to be away for some time, a DOPA may be a practical solution. Some situations where it might be necessary include:
Travel outside the state or country.
Extended business or work commitments.
Risk of deportation.
Risk of imprisonment.
Difficulties in taking care of your children on a daily basis.
Each child needs a separate DOPA , ensuring that each is legally covered.
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Should you present the DOPA to a court?
No. A DOPA does not require court approval, but you must notify the other parent within 30 days of signing it, unless:
Do not have visitation rights.
Your visits are supervised.
There is a Protective Order in effect for you or your child.
How long does a DOPA last?
The DOPA is valid for one year and must be signed before a notary public . If you need something more permanent, you may want to consider other legal options with court approval.
How to create a DOPA in Minnesota?
For a DOPA to be valid, it must:
Be written, dated and signed before a notary public .
Include the child's name and date of birth.
Detail the permissions granted to the representative.
Specify the expiration date (if less than one year).
You can write your own DOPA or use available forms or create an online DOPA .
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Who can you name as your attorney-in-fact?
In Minnesota , you can choose any adult over the age of 18 whom you trust, such as a family member, friend, or neighbor. They do not need to be a U.S. citizen. However, if the attorney-in-fact lives in another state, it is advisable to check the validity of the DOPA in that jurisdiction.
Key information that the attorney should know
If you name a guardian, make sure he or she has access to basic information about your child, such as:
Name and phone number of the school.
Name of teachers and directors.
Health insurance information.
Contact information for doctors and dentists.
Allergies and daily routines.
Emergency contacts.
It is recommended that the guardian carry a copy of the DOPA to show at schools, hospitals or any authority that requires it.
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How to revoke a DOPA?
You can revoke the DOPA at any time by giving written notice to the agent. In addition, all DOPAs expire automatically in one year. If you want extra security, you can sign a new one every six months.
What happens if the DOPA expires and you are not present?
If you are unable to sign a new DOPA, the attorney may file a temporary custody petition in court. In these cases, the judge will determine what is best for the child.
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Santiago Legal is here to help!
If you need advice on Delegation of Parental Authority in Minneapolis or Minnesota , at Santiago Legal we offer legal guidance to ensure the safety of your children and the validity of your DOPA.
Contact us today for help with your DOPA and to protect your family's well-being.
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