How Long Does a Power of Attorney for a Minor Last in Idaho

You signed a power of attorney for a grandchild or relative's child and need to know when it runs out, whether the parent can cancel it, and what happens next. Idaho's rules depend entirely on who you are in relation to the child.

Duration by Relationship

Idaho Code § 15-5-104 sets different duration rules based on the caregiver's relationship to the child:

• Grandparents, aunts, uncles, and siblings of the child: the term stated in the document. If it states no time period, date, or expiration condition, it lasts 3 years from execution.
• Non-relatives (family friends, distant relatives, neighbors): maximum 6 months.
• Non-relatives when the parent is military serving overseas: maximum 12 months.

The separate statute, Idaho Code § 32-1801, caps all delegations at 6 months regardless of relationship. If your POA was executed under § 32-1801 rather than § 15-5-104, the shorter limit applies.

How Notarization Affects Validity

The statute requires a "properly executed" POA. While § 15-5-104 does not explicitly mandate notarization for the document to be legally valid between private parties, Idaho schools, hospitals, and pharmacies routinely refuse to accept a POA that is not notarized.

For practical purposes, always get the document notarized. Most Idaho banks, UPS stores, and county clerk offices offer notary services. Idaho notaries may charge up to $5 per notarial act, plus actual and reasonable travel expenses.

When the POA Expires

A POA terminates when any of these happen:

• The stated end date arrives
• The stated term ends (or, for a relative POA with no expiration term, after 3 years; 6 months for other delegates, or 12 months for a military parent serving outside the United States)
• The parent revokes it in writing
• The parent dies or becomes legally incapacitated

There is no automatic renewal. If the POA expires and the child is still in your care, the parent must sign a new one. If the parent is unavailable or unwilling to renew, you will need to pursue guardianship through the court.

Can the Parent Revoke It Early

Yes, at any time and for any reason. The parent revokes a relative POA in writing under Idaho Code § 15-5-104. The 48-hour return rule in § 32-1802(3) applies to a POA under § 32-1801, not to a § 15-5-104 POA.

If the parent recorded the original POA with the county recorder, the revocation must also be recorded in the same county to be effective against third parties who relied on the public record.

A caregiver who believes the child is unsafe with the parent cannot use the POA to refuse return. At that point, the only option is an emergency court filing (a temporary guardianship request in the CAO GCM 1-1 petition) or a report to the Idaho Department of Health and Welfare.

Planning for Renewal

If you know the parent's situation is likely to last beyond the POA's term — a long prison sentence, for example — plan the renewal early. Contact the parent at least a month before expiration to arrange signing a new document.

For grandparents with a three-year POA, mark the expiration date clearly. Schools and clinics will stop accepting an expired POA, and there is no grace period.

The Idaho School and Medical Consent Guide includes an expiration tracker and a timeline for when to start the renewal process, plus what to do if the parent cannot be reached when renewal time comes.

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