A caregiver who needs to enroll a child in his or her care in school or access medical care has several options in Minnesota.
Delegation of Powers (Minn. Stat. § 524.5-211)
If the parent(s) of the child consents to the grandparent's care, a Delegation of Powers provides adequate authority. The Delegation of Powers requires no court involvement but does require the child's parent's consent.
De Facto Custodian and Interested Third Party Law (Minn. Stat. § 257C)
If the parent is not fulfilling their parental responsibilities, the grandparent can petition for custody under the relatively new De Facto Custodian law. However, among other requirements, the child must have lived with the grandparents for a certain period of time before the petition can be made. If a Delegation of Powers was in effect during any of this time, the clock counting time for the De Facto Custodian petition does not start counting until the Delegation of Powers has expired.
Other Resources
Generations United Access to Education Fact Sheet
Articles
