Washington DC Temporary Guardianship Agreement
A DC parent signs a custodial power of attorney under D.C. Code § 21-2301, no court involved.
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Introduction
The D.C. Code § 21-2301 custodial power of attorney is signed by the parent and is revocable. It cannot grant authority to consent to the child's marriage or adoption. Section 21-2301 states no duration cap, so the document should state its own start and end.
Key Things to Know
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The Washington DC instrument is the custodial power of attorney under D.C. Code § 21-2301. The parent signs it, and the person receiving authority is described as 'another person'. Section 21-2301 prescribes no form. A separate medical-consent authorization is available under D.C. Code § 16-4901.
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Section 21-2301 states no duration cap, renewal rule or default term. A medical-consent authorization under § 16-4901 is revocable at will unless the parent and the adult agree to other terms, and its sample form has a blank for hours between written notice and revocation.
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Section 21-2301 says 'the parent of a child' and does not say whether one or both parents must sign. It states no notary or witness requirement, no filing or delivery requirement, and no duty to notify the other parent. A signed statement under § 16-4901 is governed by the laws of forgery, and its sample form ends with a statement sworn or affirmed under penalty of law, with no notary block.
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The power of attorney may grant school powers (enroll the child, obtain educational and behavioral information, consent to all school-related matters) and consent to medical, psychological or dental treatment. It may not grant authority to consent to the marriage or adoption of the child.
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Section 21-2301 states no reliance provision for the power of attorney. Reliance protection is stated only for the separate medical-consent authorization: under § 16-4901, a conforming written instrument shall be honored, and a health care provider who treats a minor without legal consent is not civilly liable if a reasonable and prudent health care professional would have relied on the written instrument. This page does not promise that any school or other provider must accept the § 21-2301 power of attorney. Under § 16-4901(a), the medical authority is available only if no prior court order currently in effect prohibits the parent from exercising the power conveyed.
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This is not a court guardianship. The parent does not give up custody, parental rights are unchanged, and the power of attorney is revocable. The person named can be any 'another person' under § 21-2301, and for § 16-4901 'an adult person, in whose care a minor has been entrusted'. A § 16-4901 document is not binding in any future custody proceedings.
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If this document does not fit your situation, Washington DC has standby guardianship under D.C. Code §§ 16-4801 to 16-4810, available only to a custodial parent or court-awarded custodian or guardian as designator and taking effect on specified triggering events (adverse immigration action; chronic illness with debilitation, incapacity or death; COVID-19 variants), and third-party custody under D.C. Code §§ 16-831.01 to .13. A court guardianship over a parent's objection is a contested case. DocDraft's guardianship-of-a-minor-petition page covers the court petition. For abuse or danger to a child, contact the Washington DC child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Washington DC, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Washington DC Requirements for Temporary Guardianship Agreement
Parent-Signed Custodial Power of Attorney
The parent of a child may create a revocable custodial power of attorney granting another person any of the parent's rights and responsibilities regarding the care, physical custody, and control of the child (D.C. Code § 21-2301(a)).
School Powers
The power of attorney may include enrolling the child in school, obtaining educational and behavioral information from the school, and consenting to all school-related matters (D.C. Code § 21-2301(a)(1)-(3)).
Medical Consent Power
The power of attorney may include consent to medical, psychological, or dental treatment (D.C. Code § 21-2301(a)(4)).
Marriage and Adoption Exclusion
The custodial power of attorney may not grant authority to consent to the marriage or adoption of the child (D.C. Code § 21-2301(b)).
Revocable
The custodial power of attorney is revocable, and the statute states no revocation procedure (D.C. Code § 21-2301(a)).
No Effect on Custody Rights
The power of attorney does not affect the parent's rights in a custody proceeding (D.C. Code § 21-2301(c)).
Separate Medical-Consent Authorization
A parent, legal guardian or legal custodian may authorize an adult in whose care the minor has been entrusted to consent to medical care. Any signed written form may be used, the statute prints a sample form offered as a sample only, and a health care provider who reasonably relies on a conforming instrument is protected from civil liability for treating a minor (D.C. Code § 16-4901).
Term and Revocation Terms Set in the Document
Section 21-2301 states no duration cap, renewal or default term, so the document states its own effective date and end. A medical-consent authorization is revocable at will unless other terms are agreed (D.C. Code §§ 21-2301, 16-4901(d)).