S.F. 78 Section 1. NEW SECTION . 633F.1 Definitions. 1 1. “Agent” means a person granted authority to act for a 2 parent or legal custodian under a power of attorney created 3 under this chapter. 4 2. “Child” means a person under eighteen years of age. 5 3. “Power of attorney” means a writing that grants authority 6 to an agent to act in the place of a parent or legal custodian 7 regarding the care or custody of a child. 8 Sec. 2. NEW SECTION . 633F.2 Power of attorney —— temporary 9 delegation of parental authority. 10 1. A parent or legal custodian of a child, by a properly 11 executed power of attorney, may delegate to another person any 12 authority regarding the care or custody of the child except for 13 any of the following powers: 14 a. The power to consent to the child’s marriage. 15 b. The power to consent to the child’s adoption. 16 c. The power to consent to the performance or inducement of 17 an abortion on or for the child. 18 d. The power to consent to the termination of the parental 19 rights of a parent of the child. 20 2. The parent or legal custodian of the child shall have the 21 authority to revoke or terminate a power of attorney created 22 under this chapter at any time. 23 3. Except as provided in subsection 6, a power of attorney 24 created under this chapter shall be for a period of time not to 25 exceed one year. The parent or legal custodian of the child 26 shall execute a new power of attorney for each additional year 27 that the delegation of power exists. If the parent or legal 28 custodian revokes or terminates the power of attorney, the 29 child shall be returned to the care and custody of the parent 30 or legal custodian as soon as reasonably possible. 31 4. An agent shall exercise parental or legal authority on a 32 continuous basis without compensation for the duration of the 33 power of attorney and shall not be considered to be a foster 34 parent subject to licensure by the department of human services 35 -1- LSB 1534XS (1) 87 rh/rj 1/ 3

S.F. 78 pursuant to chapter 237. 1 5. A power of attorney executed under this chapter by a 2 parent or legal custodian shall not constitute abandonment, 3 abuse, or neglect of the child by the parent or legal custodian 4 unless the parent or legal custodian fails to take custody of 5 the child or to execute a subsequent power of attorney upon the 6 expiration of the original power of attorney. 7 6. A parent or legal guardian who is at the time of 8 execution of a power of attorney under this chapter a member of 9 the national guard, reserve, or regular component of the armed 10 forces of the United States who is serving on active duty may 11 execute a power of attorney for a period longer than one year, 12 not to exceed the term of active duty service plus thirty days. 13 7. A power of attorney executed under this chapter must be 14 signed by the parent or legal custodian. The power of attorney 15 must be acknowledged before a notary public or other individual 16 authorized by law to take acknowledgments. An agent named 17 in the power of attorney shall not notarize the principal’s 18 signature. An acknowledged signature on a power of attorney is 19 presumed to be genuine. 20 8. The department of human services, in consultation with 21 the judicial branch, shall develop forms for carrying out the 22 provisions of this chapter. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill relates to the temporary delegation of parental 27 authority by the parent or legal custodian of a child. 28 The bill provides that a parent or legal custodian of a 29 child, by a properly executed power of attorney, may delegate 30 to another person any powers regarding the care or custody of 31 the child except the power to consent to the child’s marriage, 32 the power to consent to the child’s adoption, the power to 33 consent to the performance or inducement of an abortion on or 34 for the child, and the power to consent to the termination of 35 -2- LSB 1534XS (1) 87 rh/rj 2/ 3

S.F. 78 the parental rights of a parent of the child. A parent or legal 1 custodian shall have the authority to revoke or terminate a 2 power of attorney created under the bill at any time. 3 Except for certain military personnel, a power of attorney 4 created under the bill shall be for a period of time not to 5 exceed one year. The parent or legal custodian of the child is 6 required to execute a new power of attorney for each additional 7 year that the delegation of power exists. If the parent or 8 legal custodian revokes or terminates the power of attorney, 9 the child shall be returned to the care and custody of the 10 parent or legal custodian as soon as reasonably possible. 11 An agent (person granted authority to act for a parent 12 or legal custodian under a power of attorney created in the 13 bill) is required to exercise parental or legal authority on a 14 continuous basis without compensation for the duration of the 15 power of attorney and shall not be considered to be a foster 16 parent subject to licensure by the department of human services 17 pursuant to Code chapter 237 (child foster care facilities). A 18 power of attorney executed under the bill by a parent or legal 19 custodian shall not constitute abandonment, abuse, or neglect 20 of the child by the parent or legal custodian unless the parent 21 or legal custodian fails to take custody of the child or to 22 execute a subsequent power of attorney upon the expiration of 23 the original power of attorney. 24 The bill provides power of attorney execution requirements 25 and requires the department of human services, in consultation 26 with the judicial branch, to develop forms for carrying out the 27 provisions of the bill. 28 -3- LSB 1534XS (1) 87 rh/rj 3/ 3