Power of Attorney: Delegating a Parent's or Guardian's Powers to an Attorney-in-Fact

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Introduction

Utah law allows a parent to temporarily delegate authority over a minor child by completing a "Power of Attorney." Utah Code Section 75-5-103. A guardian can delegate authority over a protected person in the same way.

A Power of Attorney appoints a person, called the "attorney-in-fact," to make decisions for the minor, but it does not create a guardianship. The attorney-in-fact must be a responsible adult, but does not need to be related to the parent or to the minor. The parent can delegate all authority or only some authority.

For example, a parent who will be out of the country for several months can appoint an attorney-in-fact to take necessary action about the minor's custody, schooling, or healthcare while the parent is gone. Or the parent can limit the power of the attorney-in-fact to certain things, such as authorizing specific medical or dental treatment.

The Power of Attorney takes effect when the parent completes the form and signs it under oath in front of a notary. It remains in effect until the date stated on the form but that date cannot be more than 6 months away.

The parent can revoke the Power of Attorney at any time. Written notice of the revocation should be given to the attorney-in-fact and to anyone who has been given a copy of the Power of Attorney form. If possible, collect and destroy the original Power of Attorney and all copies when the appointment is revoked or when it expires.


Power of Attorney


Forms

  • Checklist - PDF Document PDF | Word Document Word
  • Power of Attorney over Protected Person or Minor Child - PDF Document PDF | Word Document Word
  • Revocation of Power of Attorney - PDF Document PDF | Word Document Word

Page Last Modified: 9/22/2011
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