Easy Precautions for Vacationing Parents
By Taylor Kenck
Parents headed off on a vacation can plan ahead and protect their children through simple means
Introduction
Recently, a young married couple contacted me in anticipation of an upcoming out-of-state vacation. This would be their first vacation away from their young child, and they wanted to ensure that proper precautions were in place in case of an emergency.
There are many types of precautions that parents can take to protect their children while they are away. Many of these precautions are simple and affordable, especially considering their importance.
Range of Options to Grant Authority
Parents planning a vacation away from their children can plan ahead and authorize a trusted individual to care for their children in their absence. There are a range of options, from something as simple as an emergency power to make healthcare decisions all the way to the extreme option of naming a guardian if tragedy strikes and the parents do not return. This range of options allows parents to choose what works best for their children and situation.
The source of these options is two separate chapters of the Revised Code of Washington (“RCW”):
Uniform Power of Attorney Act
Under subsection 11.125.410 of the Uniform Power of Attorney Act, parents can authorize another (their “agent”) to make healthcare decisions for their minor children if the parents are unavailable.
This section clearly limits the power to times when neither parent is “readily available” to make decisions. It also contains other natural limitations to its application. Thus, for parents that want something in place for emergency purposes only, authority under this power is likely the most appropriate option.
Uniform Guardianship Act
A broader power exists under the Uniform Guardianship Act. Chapter 11.130 of the RCW controls guardianships, conservatorships, and other similar arrangements. It also recently was completely overhauled, so many legal professionals are just beginning to familiarize themselves with the new code provisions.
Under subchapter 145 of this chapter, parents can delegate their parental authority to another person for a period up to 24 months. The language related to the authority is very broad and vague: basically, it says that the grant includes “any of the parent's powers regarding care, custody, or property of the minor, other than power to consent to marriage or adoption.”
Just because the language of the subchapter is broad and vague does not, however, mean that the document parents create needs to be as broad. A broad grant of authority might seem unnecessary and even scary to parents, so limitations can be added.
Testamentary Nomination of a Guardian
This blog has already discussed the benefits of naming a testamentary guardian for minor children (click here to review that post).
To briefly summarize this option: if tragedy struck and the parents did not return from their vacation, a testamentary nomination of a guardian would “nominate” the person that should care for the children as guardian.
Thus, this precaution is a “worst-case scenario,” but many parents may want to create such precautions, especially to signal to family and the court what their wishes are.
These different sources—each with their own built-in limitations—allow parents to craft documents that meet their goals and their children’s needs. Sometimes, this might only be one short document, and other times it may be a combination of documents.
How This Played Out Recently for my Clients
As I mentioned in the introduction, I recently met with a young couple taking their first trip away from their young child.
After initial contact with them, we scheduled a time to briefly meet. I described the options covered previously, and listened to their concerns and goals. After meeting for 15 minutes, I had all the information I needed to create their documents.
I created two powers of attorney for these clients: (1) a power of attorney delegating parental authority temporarily, and (2) a testamentary nomination for the guardian of their child.
For the first power of attorney, the clients elected to delegate their parental authority to their child’s grandparents (who would be watching the child). Because we knew their itinerary, we limited the power of attorney to the exact days they would be gone—that way the broad grant of authority had an “end-date.”
Finally, we created a nomination for guardianship, in the event that something happened to them on their trip. I safeguarded this document for the clients while they were on vacation because of its sensitive nature and also because it likely would never be used. The clients did, in fact, make it home safely. But they were still glad to take these precautions.
Quick and Affordable Options
Because of the nature of these cases, it honestly makes more sense for Crestview Law to charge an hourly rate for these matters. I normally charge a flat-rate of a few hundred dollars for powers of attorney for married couples (depending on their needs). However, in this recent case, I spent almost exactly one hour total on the case—and my hourly rate is well under the normal rate I would charge for powers of attorney.
Thus, these precautions are more affordable than my normal powers of attorney packages, and couples planning trips could likely budget these costs into their trip.
Conclusion
Washington Law provides parents a number of options when it comes to protecting their children in a temporary absence. These options can be comprehensive, or just for emergency purposes. Additionally, they are much more affordable and easy than many parents likely think.
If you would like additional information on these or other services, please schedule your free initial consultation with Crestview Law today.
Crestview Law has physical offices in Wenatchee, but we can serve clients throughout the state with our many virtual tools.
