DOPA - Delegation of Parental Authority

DOPA—Delegation of Parental Authority

"I am caring for my relative’s child and considering the legal options.

What can you tell me about…the DOPA—Delegation of Parental Authority?"

I have heard of the "Delegation of Parental Authority" form—what is it?

The Delegation of Parental Authority, or "DOPA":
IS a formal document—signed by the custodial parent(s) and the caregiver in front of a notary public.
IS a temporary arrangement—good for up to one year.
IS granting a non-parental adult permission to make decisions about a child.
IS used when there is agreement with the child’s parent(s) that the caregiver should care for the child for a short time.

IS NOT legal custody.
IS NOT a court process, and not a court order.
IS NOT a process that requires a lawyer—though a lawyer may be helpful.

What decisions does the DOPA allow me to make for a child?
The most common decisions which a DOPA allows include:
Arranging medical treatment, or accessing medical records.
Enrolling in school, or accessing special educational services.
Providing a home, care, clothing and supervision.
Applying for public benefits, such as MFIP "child-only" grants, 1 food supports, and Medical Assistance (MA).

How do I decide if a DOPA is right for my situation?
Other things to consider:
A child’s parents can revoke a DOPA at anytime, or they can remove a child from the caregiver’s home at anytime. Therefore, it may not be appropriate when there are safety concerns.
A DOPA only lasts up to one year, but it can be renewed for one-year intervals.
The parent(s) remain financially responsible for the child, even after a DOPA is signed.

Who needs to be involved in completing the DOPA? If the parents are married…oth parents need to sign the DOPA.

If the parents are divorced or unmarried…he custodial parent needs to sign the DOPA.

The custodial parent must also mail or give a copy of the DOPA to the other parent within 30 days of completion, except when the other parent does not have visitation rights, has supervised visitation rights, or when there is an order for protection against the other parent.

If the child is already in the care of a legal custodian…the legal custodian can sign the DOPA designating someone else as a temporary caregiver.

The DOPA must be signed by:

The parent(s) or legal custodian in front of a notary
The caregiver (notary not required), who is also called the "Attorney in Fact" on the Minnesota DOPA form

Where can I get help filling out the form? This Web site will walk you through the DOPA form and allow you to print it out at the end: http://lawhelpmn.org/documents/clusters/MN/403/English/MN_DOPA_A2J_Main.shtml#1

A blank DOPA form can be found here: http://www.mkca.org/resources.cfm

What if the child will be cared for outside of Minnesota, or if the custodial parent lives outside of Minnesota?
You may need DOPA forms for both states.

Find legal Web sites and forms for other states at: http://www.LawHelp.org/

Resources: Call the MKCA Warmline for more help with kinship caregiving: 877-917-4640

To request a copy of the MKCA Legal Steps Manual and find out about other legal authority options, email here

For legal help in languages other than English, see the bottom right corner of the home page: http://lawhelpmn.org/

MKCA is pleased to share this information with you in support of kinship caregivers. Please be aware that MKCA is staffed by human service workers, not attorneys. If you need legal advice, please contact an attorney. You may also want to read through MKCA’s resource, If You Are Considering Hiring an Attorney…

1  Minnesota Family Investment Program (MFIP) is Minnesota’s version of the federal Temporary Assistance for Needy Families (TANF) and is a monthly cash and food assistance program for low-income families. Eligibility for child-only grants is based solely on the child’s assets and