A Delegation of Parental Authority (DOPA) is a document that gives a designated person authority to take care of your child when you can’t. The person you give this permission to is called an attorney-in-fact.
A DOPA gives the designated person authority to make decisions about your child’s care, custody, and property. The designated person’s decisions on these matters have the same effect as if you made the decisions yourself. This means that someone with a DOPA can take your child to the doctor for medical treatment, and can excuse the child from school for illnesses, medical appointments, or other issues. But a DOPA does not provide the designated person authority to make decisions on matters such as adoption or marriage.
A DOPA does not take away any of your rights to make decisions for your child, and you can override any decisions made by the attorney-in-fact. You do need a separate DOPA for each child.
In New York, a Delegation of Parental Authority (DOPA) is not a formally recognized legal term, but the concept is similar to what is known as a 'standby guardianship' or a 'temporary guardianship.' Under New York law, parents can appoint a standby guardian through a legal document to make decisions for their child in the event that the parent becomes unable to do so due to illness, incarceration, or other circumstances. This appointment can be made through a written designation and must be witnessed by two individuals. The designated person, or attorney-in-fact, can make decisions regarding the child's care, custody, and property, similar to those made by the parent. However, the authority granted does not extend to irreversible decisions like consenting to the child's adoption or marriage. The parent's rights remain intact, and they can revoke or override the decisions made by the attorney-in-fact at any time. It's important to note that each child requires a separate designation. For a comprehensive understanding and proper execution of such an arrangement, it is advisable to consult with an attorney.