Idaho Power of Attorney for Minor Child

When a grandchild moves in overnight and needs to start school or see a doctor on Monday, a power of attorney is usually the fastest way to get authority on paper without going to court.

What a Minor-Child POA Does in Idaho

A power of attorney under Idaho Code § 15-5-104 lets a parent delegate care, custody, school, and healthcare decisions to another adult. The parent signs the document before a notary, and the caregiver presents it at the school office, clinic, or anywhere else that asks for proof of authority.

The POA does not change custody. The parent keeps all legal rights and can revoke the document at any time in writing. And it cannot authorize the caregiver to consent to the child's marriage or adoption — the statute blocks those specifically.

Who Qualifies and How Long It Lasts

Idaho draws a sharp line between relatives and non-relatives:

• Grandparents, aunts, uncles, and siblings of the child can hold a POA for the term stated in the document; if no expiration term is stated, § 15-5-104 sets a three-year term.
• Non-relatives and distant relatives are capped at six months (twelve months if the parent is military, serving overseas).

If the POA does not state an expiration date, the relative version runs for three years automatically. Once it expires, the parent must sign a new one — there is no automatic renewal.

Where to Get the Form

The Idaho Court Assistance Office publishes two free forms:

• CAO P2 — Relative Parental Power of Attorney (for grandparents, aunts/uncles, siblings). It uses the relative term under § 15-5-104: the stated term, or three years if none is specified.
• CAO 6-2 — General Parental Power of Attorney (for anyone else; 6-month cap).

Both are available at courtselfhelp.idaho.gov. County clerk offices in Ada, Canyon, and Bonneville counties also stock printed copies.

How to Execute the Document

1. The parent signs the POA in front of a certified notary public. The caregiver's signature is not legally required under § 15-5-104, but adding it shows acceptance and makes institutions more comfortable.
2. Get it notarized. Banks, UPS stores, and county clerk offices in Idaho offer notary services. An Idaho notary may charge up to $5 per notarial act, plus actual and reasonable travel expenses. A notary authorized by the Idaho Secretary of State may perform remote online notarization of electronic records.
3. Make copies. Keep the original in a binder and carry copies to school offices, clinics, and pharmacies. Each institution will want its own copy on file.

Recording the POA with the county recorder is optional. But if you do record it, any later revocation must also be recorded in the same county to be effective against third parties.

What If the Parent Cannot or Will Not Sign

A caregiver cannot sign on the parent's behalf, forge a signature, or treat silence as consent. When the parent is incarcerated, in treatment, or simply refusing to cooperate, the POA route is closed. The next options are:

• Temporary guardianship, requested in the CAO GCM 1-1 Petition for Appointment of Guardian of a Minor
• Minor guardianship petition (CAO GCM 1-1) for longer-term authority
• McKinney-Vento Act protections for immediate school enrollment if the child's housing is unstable

Idaho Legal Aid Services can help determine which path fits the situation.

Using the POA at Schools and Clinics

Present the notarized POA along with proof of your home address and the child's immunization records. Under Idaho's 2024 Parental Consent Law (Senate Bill 1329), healthcare providers are required to have written parental authorization before treating a minor — a properly executed POA satisfies that requirement because the caregiver is acting as the parent's designated attorney-in-fact.

If a school registrar or clinic receptionist turns you away, ask for their refusal in writing and request to speak with a supervisor. Schools must also connect you with their McKinney-Vento liaison if there is any question about housing stability.

The Idaho School and Medical Consent Guide for Kinship Caregivers walks through each of these desk-counter situations step by step, with scripts for exactly what to say when someone pushes back.

See more Idaho guides →