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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of attorney for care of a minor child on a form provided by the department of children's services. Hardships may include but are not limited to:
(A) The serious illness or incarceration of a parent or legal guardian;
(B) The physical or mental condition of the parent or legal guardian or the child is such that care and supervision of the child cannot be provided; or
(C) The loss or uninhabitability of the child's home as the result of a natural disaster.
(2) A local education agency (LEA) is not required to enroll a student with a power of attorney stating a hardship other than one (1) of the three (3) specifically stated in subdivisions (a)(1)(A)-(C). The LEA may, however, enroll a student with a properly executed power of attorney for other hardships on a case by case basis.
(b) The power of attorney for care of the minor child shall be signed by the parent and acknowledged before a notary public or two (2) witnesses who shall sign and date their signatures concurrently and in each other's presence.
(c) For purposes of this part the term “parent” includes a legal guardian or legal custodian of the minor child.
Cite this article: FindLaw.com - Tennessee Code Title 34. Guardianship § 34-6-302 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-34-guardianship/tn-code-sect-34-6-302/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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