What are DOPAs and POAs, and Why Do They Matter?
Today, I want to tell you about two important and underrated estate planning documents: Delegations of Parental Authority (DOPAs) and Powers of Attorney (POAs). Each document is used to give another person power over a key part of your life. The Delegation of Parental Authority gives another person the ability to care for your child for a period of up to one year. The Power of Attorney document gives another person the ability to make financial decisions on your behalf.
It’s important to note that these documents are state-specific. Many states do not have a DOPA (or similar form), if they do, the document might look very different. Every state handles Powers of Attorney differently. In some states, a Power of Attorney could include health care decision making powers (it doesn’t in Minnesota).
To begin, let’s discuss DOPAs. The Delegation of Parental Authority is a document usually used when a parent anticipates a planned or possible separation from their child, and wants to make sure that their designated parental substitute is able to handle a variety of parenting tasks for the child, without having to go to Court for a guardianship order or similar legal work. These tasks include obtaining medical treatment for the child, enrolling the child in school, and providing a home, care, and supervision for the child.
A DOPA is not a legal guardianship, and it requires only a notary for signature. It also only lasts for up to one year from the date that the DOPA is signed. However, a DOPA can keep a child from going into the foster care system, and the DOPA can ensure that an adult of your choice is able to care for your child in your (planned or unexpected) absence. If you have additional questions—please reach out to ask us if a DOPA is right for your circumstances.
If you are a past client of mine, it’s very likely that you have a Power of Attorney (or two!) from my office. I believe in the usefulness of a POA to help everyday people. In a POA, the “principal” (the person giving the power) nominates an “Attorney-in-Fact” (the person who “holds” the powers—this person is colloquially referred to as the POA) to make financial decisions on their behalf. The powers can be broad or limited, although I tend to favor broad powers for the purposes of estate planning.
Importantly: Powers of Attorney are generally effective the day you sign them. Most POAs, including the standard Minnesota POA, do not wait for incapacity to be effective. This is understandably surprising to most people. “Why on earth,” some ask, “would I give someone the ability to handle all of my finances when I have the capacity to do it myself?” Great question! Glad you’ve asked. There are a few reasons why you want a Power of Attorney to be effective right away.
Firstly, there are times when you want someone to act for you if you have capacity but are otherwise unavailable. For example: if you are out of the country for 1-2 months in a different time zone, you might need your Attorney-in-Fact (who holds the POA) to meet with a roofing contractor on behalf of the insurance company after a hailstorm. Or, if you are unexpectedly detained or out of the county, you might need your Attorney-in-Fact to work with your landlord about your lease, handle matters with your vehicle, or otherwise take care of your finances.
Secondly, there are significant logistical issues that arise when POAs are only effective upon your (the principal’s) incapacity. Namely, someone has to actually prove that you are incapacitated for the document to be used. A POA that is only effective upon incapacity is called a “springing Power of Attorney”.
I will explain why this is a problem by using an example. Let’s say that I am on my parent’s POA as the primary Attorney-in-Fact. Let’s say this POA only works when my parent is “incapacitated”. My parent is in the hospital for a period of 3 weeks recovering from a serious medical incident. My parent is unable to handle money or finances at all, and they have asked for my help with a few matters so they can focus on their recovery. I go to their bank to talk to a staff member there and handle some minor issues. The problem? The bank wants proof that my parent is incapacitated. I have a letter from a physician at the hospital, but the bank wants two letters, dated within 3 days of when I need to take an action. Or—maybe a different requirement! Perhaps every institution my parent needs me to work with has a different set of requirements for proving my parent’s incapacity.
In truth, Springing POAs are incredibly difficult to work with. If you need to act as someone’s POA, sometimes you need to act fast. There is quite a bit of bureaucracy with regular POAs. Adding additional requirements related to proving incapacity will increase the time burden and administrative work for the Attorney-in-Fact. Most of my clients prefer to lessen the burden on the Attorney-in-Fact rather than increase it.
This does not mean that there are no safeguards with a non-springing POA. There are! If you need to update your POA or want to learn more, please reach out.
Please remember that this post is only a brief introduction to the topic. To properly select a person for the role of Attorney-in-Fact, and to understand the POA document itself, you really should seek attorney counseling on your specific situation. If you would like to learn more about whether a POA or DOPA is right for you and your circumstances, please don’t hesitate to reach out to the Courtney Law Office, PLLC.
If you are an Attorney and you’d like to learn more, Chris has given a CLE on this topic through the Minnesota State Bar Association, which can find here. She is also presenting on this topic again tomorrow (Tuesday, February 3, 2026) at 12noon; you can register here.
The material contained or linked to in this blog is for general informational purposes only, and is not intended to create or constitute an attorney-client relationship between Courtney Law Office, PLLC and any person. The information is not offered as legal advice and should not be construed as legal advice. Readers should not act on the information presented without consulting an attorney about your specific situation. Communications with the Courtney Law Office are not confidential unless a legal relationship is established by a representation agreement. If you would like to establish a legal relationship and seek legal advice, please reach out.
