Delegation of Authority — “Parent” Defined

1. Law
2. Tennessee Code
3. Guardianship
4. Power of Attorney
5. Power of Attorney for Care of a Minor Child Act
6. Delegation of Authority — “Parent” Defined

1. 1. A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to:
      1. The serious illness or incarceration of a parent or legal guardian;
      2. The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or
      3. The loss or uninhabitability of the child's home as the result of a natural disaster.
   2. A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.
2. The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other's presence.
3. For purposes of this part the term “parent” includes a legal guardian or legal custodian of the minor child.

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