Utah Power of Attorney for a Minor Child — What It Does and Doesn't Get You

What the Power of Attorney Does

Under Utah Code § 75-5-103, a parent or legal guardian can sign a power of attorney delegating caregiving authority over a minor to another adult. The document must be notarized, but it does not require a court filing or a judge's approval. It gives the designated person authority to handle day-to-day caregiving decisions — enrolling the child in school, authorizing routine medical care, and making ordinary parenting choices.

The critical limitation: it expires after six months. The parent who signed it can also revoke it at any time. And it explicitly cannot be used to consent to the child's marriage or adoption.

Using It for Benefit Applications

A § 75-5-103 power of attorney is sufficient for applying to DWS for the Specified Relative Grant, Medicaid, SNAP, and other public benefits. It serves as proof of your caregiving relationship and the parent's delegation of authority. DWS accepts it alongside birth certificates and court guardianship orders as one of the recognized documents establishing that a child is in your care.

You do not need full legal guardianship to access the Specified Relative Grant. The power of attorney, an informal arrangement with proof of the child living in your home, or a court guardianship order all work. The difference is in the legal weight and duration of the arrangement, not in DWS benefit eligibility.

Using It for School Enrollment

Utah Code § 53G-6-302(4)(c) gives school districts specific authority to accept a § 75-5-103 power of attorney for enrollment purposes. The district can even allow the power to remain in force beyond six months for educational continuity — lasting until the child reaches majority, is emancipated, or the power is revoked. This school-specific extension does not apply to benefit applications or medical consent outside the educational setting.

The Six-Month Problem

For DWS purposes, the six-month expiration is not immediately critical — DWS eligibility does not hinge on the power of attorney remaining in force, because they are evaluating whether the child lives with you and whether you are a specified relative. But if the parent disappears entirely and cannot sign a renewal, you have no renewable document.

At that point, the practical options are:

• Continue with informal custody: DWS can still process your applications if you attest that the child lives with you and parents are absent, but you have no formal legal authority
• File for minor guardianship: Utah Code Title 75, Chapter 5, Part 2 — a probate court filing using Form 1300GU that grants indefinite authority until the child turns 18 or the court modifies the order

The guardianship route gives you stronger standing for medical decisions, school matters, and benefit applications alike. A DCFS guardianship subsidy may also be relevant if the child meets the foster-care placement, licensing, and timing requirements.

When the Parent Is Unreachable

Many kinship caregivers cannot get a power of attorney at all because the parent is incarcerated, in treatment, or simply gone. You can still apply for benefits without one. DWS allows relative caregivers to sign the application as a non-parent caretaker under penalty of perjury, attesting that the child lives with you and the parents are absent. Proof of relationship (your birth certificate linked to the child's parent, for example) substitutes for the power of attorney.

If you are weighing whether to pursue a power of attorney, a guardianship, or to proceed informally, the Utah Kinship Financial Help guide walks through what each arrangement qualifies you for and where the gaps appear.

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