In notarial practice, questions often arise about the possibility of granting a power of attorney to represent a child – for example, by a parent planning a temporary trip or staying abroad. Often, the intention is to “transfer care” of the child to another close person, such as a grandmother, aunt, or partner. Although this need may arise from everyday organizational difficulties, under current Polish law it is not possible to transfer parental authority or appoint a child’s legal representative through a power of attorney.

Parental Authority and Legal Representation – What Does the Law Say?

According to Article 92 of the Family and Guardianship Code, a child remains under parental authority until they reach the age of majority. This authority is granted to parents by operation of law, not by any notarial deed or power of attorney (Article 93 §1 of the Family and Guardianship Code).

Parents are the child’s legal representatives and perform legal actions on their behalf – for example, signing official documents, entering into contracts in the child’s name, or giving consent to medical treatment. However, no other family member or third party can become a child’s legal representative solely based on the parent’s declaration of will.

Why is a Power of Attorney for Childcare Invalid?

Pursuant to Article 98 of the Family and Guardianship Code, only a legal representative can act on behalf of a minor. Such representation arises by operation of law, not by granting a power of attorney. Therefore, issuing a power of attorney to exercise parental authority or represent a child in official matters is an act contrary to the law, which means that such a power of attorney would be invalid (based on Article 58 §1 of the Civil Code).

As a result, a notary cannot legally authenticate a signature on a document that purports to transfer parental authority or appoint a child’s legal representative.

What Can Be Done in Exceptional Situations?

If parents are objectively unable to care for a child (e.g., due to a long-term stay abroad, hospitalization, or other obstacles), it may be necessary to file a petition with the family court to appoint a guardian or curator for the child. Only the court – within guardianship proceedings – may entrust the exercise of parental authority to another person.

Summary

It is not possible to authenticate a signature on a power of attorney or to issue it in the form of a notarial deed if its purpose is to appoint a legal representative for a minor child. Such an act is invalid by operation of law because it is contrary to the provisions of the Family and Guardianship Code. In matters concerning the temporary regulation of childcare, only the family court has jurisdiction.

Contact our notary office, located in the center of Łódź at Andrzeja Struga Street 7, unit 4, to schedule a consultation and learn more.