Delegation of Parental Authority ( DOPA )

A Delegation of Parental Authority (sometimes called a delegation of parental powers, delegation of custody, or DOPA) is a legal arrangement where a parent or legal guardian grants temporary decision-making authority over their child to another person or entity. This delegation is usually done through a written and notarized document. It’s important to note that the delegation of parental authority is typically temporary and does not terminate the parental rights of the biological or legal parent, nor does it transfer custody of the child to the other party. It simply gives that party something similar to a “power of attorney” for the child. The parent retains their legal rights and can revoke the delegation at any time.

We do not handle drafting of these and would instead, suggest drafting a temporary stipulation of some sort as that would be non-revokable (it addition to other things)

524.5-211 DELEGATION OF POWER BY PARENT OR GUARDIAN.

(a) A parent, legal custodian, or nonprofessional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding one year, any powers regarding care, custody, or property of the minor or person subject to guardianship, except the power to consent to marriage or adoption of a minor person subject to guardianship.

(b) A professional guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding 30 days, any powers regarding care, custody, or property of the minor or person subject to guardianship, except the power to consent to marriage or adoption of a minor person subject to guardianship. A professional guardian delegating parental rights under this paragraph must submit the power of attorney to the court.

(c) A parent who executes a delegation of powers under this section must mail or give a copy of the document to any other parent within 30 days of its execution unless:

(1) the other parent does not have parenting time or has supervised parenting time; or

(2) there is an existing order for protection under chapter 518B or a similar law of another state in effect against the other parent to protect the parent, legal custodian, or guardian executing the delegation of powers or the child.

(d) A parent, legal custodian, or guardian of a minor child may also delegate those powers by designating a standby or temporary custodian under chapter 257B.

Example of DOPA:        DOPA