New Hampshire Law Clarifies Temporary Decision-Making Authority for Children in Care of Relatives

Families in New Hampshire now have a clearer legal option when children are temporarily in the care of relatives or other trusted adults.

A recently enacted state law allows parents and legal guardians to appoint a temporary agent for a minor, providing limited authority for that individual to make certain decisions on behalf of the child during a defined period.

The law addresses a situation many families have encountered but may not have fully understood. When a child is staying with a grandparent or another caregiver, that person may not have the legal authority to make medical or other important decisions in an emergency.

As a result, healthcare providers and others may be required to wait until a parent or legal guardian can be reached before proceeding.

“This is a situation that comes up more often than people expect,” said attorney Peter Moustakis of Sowerby & Moustakis Law. “Families are trying to do the right thing by making sure their children are cared for, but without the proper documentation, delays can happen at the worst possible time.”

Under the new law, parents can grant temporary authority to a trusted adult for a limited duration, helping ensure that decisions can be made without unnecessary interruption when time matters.

Attorneys at Sowerby & Moustakis Law have seen firsthand how the lack of clear authority has affected families in emergency situations. Based on that experience, they were involved in discussions surrounding the need for a more defined legal option in New Hampshire.

The law is designed to provide structure for common, real-world situations, including:

• Children staying with grandparents or relatives
• Short-term caregiving arrangements during travel
• Situations where parents may not be immediately available

While the law offers a practical solution, it also includes important limitations and requirements. The authority granted is temporary, must be properly documented, and does not replace parental rights.

“Many families assume these arrangements are informal, but legally they are not,” Moustakis said. “Having the right structure in place can make a meaningful difference when decisions need to be made quickly.”

As awareness of the law grows, it is expected to become a more common planning tool for families who want to prepare for temporary care situations in a clear and organized way.