Idaho Code 15-5-104 Power of Attorney for a Child

If you have been told you need a "15-5-104 power of attorney" to enroll a grandchild in school or take them to the doctor, here is what the statute actually says and why it matters more than the other delegation law on the books.

What § 15-5-104 Authorizes

Idaho Code § 15-5-104, located within Title 15's Uniform Probate Code chapter, lets a parent or legal guardian delegate any parental powers related to care, custody, and property of a minor child. That includes school enrollment, medical consent, signing field trip forms, authorizing dental work, and picking up prescriptions.

Two things it cannot authorize: consenting to the child's marriage, and consenting to adoption.

The Relative POA Term

The statute's most important feature for kinship caregivers is the extended-kinship exception. When the person receiving authority is a grandparent, a sibling of the child, or a sibling of either parent (aunt or uncle), the delegation lasts for the period stated in the document. If no time period, date, or expiration condition is stated, it lasts three years; the parent may specify a longer or shorter term.

Everyone else — non-relatives, distant cousins, family friends — is capped at six months. Military parents serving outside the U.S. get twelve months for non-relative delegates.

This distinction matters enormously. A grandparent dealing with a parent's two-year prison sentence or long-term rehab stint can execute one POA and not worry about renewal for three years.

How § 15-5-104 Differs from § 32-1801

Idaho has a second delegation statute, Idaho Code § 32-1801, enacted in 2021 through House Bill 191. It lets any parent or legal guardian delegate traditional care and custody powers to a named temporary caregiver for up to six months; separate sections of Chapter 18 regulate temporary care assistance programs.

The key differences:

For most grandparents and relatives, § 15-5-104 is the right tool. Under § 32-1801, any parent or legal guardian may delegate traditional care and custody powers to a named temporary caregiver for up to six months.

Execution Requirements

The statute says the POA must be "properly executed." While § 15-5-104 itself does not spell out notarization, standard practice across Idaho schools, hospitals, and government offices is to require notarized signatures. Practically speaking, a POA that is not notarized will be turned away at most front desks.

The parent signs before a notary. The caregiver's signature is optional under the statute but recommended to show acceptance. The Idaho Court Assistance Office publishes the free CAO P2 form for relatives, which is already formatted to meet § 15-5-104 requirements.

What the Statute Does Not Do

A § 15-5-104 POA is not a custody order. It does not terminate or reduce the parent's rights. It does not create a child support obligation for the caregiver. And it does not automatically qualify the caregiver for state benefits like TAFI or Medicaid on the child's behalf — those require separate applications.

When the parent revokes a § 15-5-104 POA in writing, the caregiver's authority ends. The 48-hour return rule in § 32-1802(3) applies to the separate POA established under § 32-1801, not to a § 15-5-104 POA.

When § 15-5-104 Is Not Enough

If the parent refuses to sign or cannot be found, no one else can execute the POA on their behalf. At that point, the caregiver needs to file the minor guardianship petition (CAO GCM 1-1); the petition includes a request for temporary guardianship while the case is pending.

The Idaho School and Medical Consent Guide includes a decision flowchart for choosing between a § 15-5-104 POA, a § 32-1801 delegation, and court guardianship, along with the desk-counter scripts to make whichever document you have work at the school or clinic.

See more Idaho guides →