Idaho Temporary Guardianship Agreement

Introduction

Key Things to Know

1. 1

   Idaho's instrument is a power of attorney delegating parental powers under Idaho Code 15-5-104 (version effective until January 1, 2027). The parent or guardian of the minor signs it. The statute does not require the caregiver to sign. The Idaho court self-help site lists court guardianship forms only, so the document is drafted to track the statute.

2. 2

   The statute allows delegation for a period not exceeding 6 months, or 12 months for military personnel serving beyond the territorial limits of the United States. For a grandparent, sibling of the minor, or sibling of either parent, the power continues until the time period, date, or condition stated in it, or for 3 years if none is stated. The statute gives no renewal rule, and the 6-month cap and the grandparent or sibling rule appear side by side in the text, so choose a term carefully.

3. 3

   The power of attorney does not need to be notarized or recorded to be valid. Recording is optional, and if it is recorded, any written revocation must also be recorded before the revocation is effective. The statute requires a 'properly executed' power of attorney. It does not say whether one or both parents must sign, and it does not state a witness rule or a notice step for the other parent.

4. 4

   The parent may delegate any of the parent's powers regarding care, custody, or property of the minor, including powers for medical care and educational care. The one exclusion in the text is the power to consent to marriage or adoption, which cannot be delegated.

5. 5

   Section 15-5-104 does not say that a school, doctor or other provider must accept the document, and it contains no protection for those who rely on it. Providers may ask for more, so check with the school and the medical provider ahead of time.

6. 6

   This is not a court guardianship. It does not transfer custody or end the parent's rights, and it is not permanent. Where a grandparent or sibling is the delegate, the parent may revoke it before it expires in a writing delivered to that grandparent or sibling; the statute does not state how revocation works for other delegates. If it was recorded, the revocation must be recorded too. The statute names 'another person' with no relative requirement or minimum age stated.

7. 7

   If this document does not fit your situation, or a longer or court-backed arrangement is needed, consider the court route. Until January 1, 2027, a court may appoint a temporary guardian of a minor under Idaho Code 15-5-207(5) for up to 6 months, with one extension of up to 6 more months for good cause. From January 1, 2027, an emergency guardian for a minor under 15-5-208 is limited to 90 days, extendable once by up to 90 more days. DocDraft's guardianship-of-a-minor-petition page covers the court petition. A guardianship over a parent's objection is a contested case. For abuse or danger to a child, contact the Idaho child protective agency. For disputes between parents, see DocDraft's child-custody-agreement and parenting-plan pages.

Idaho Requirements for Temporary Guardianship Agreement

• Parent-Signed Power of Attorney

  A parent or guardian of a minor, by a properly executed power of attorney, may delegate parental powers to another person without a court (Idaho Code 15-5-104, version effective until January 1, 2027).

• Six-Month and Twelve-Month Terms

  Delegation may be for a period not exceeding 6 months, or 12 months for military personnel serving beyond the territorial limits of the United States (Idaho Code 15-5-104).

• Grandparent or Sibling Term

  For a grandparent, sibling of the minor, or sibling of either parent, the power continues until the time period, date, or condition stated in it, or for 3 years if none is stated (Idaho Code 15-5-104).

• No Notary or Recording Required

  The power of attorney does not need to be notarized or recorded to be valid. If it is recorded, any written revocation must also be recorded before it is effective (Idaho Code 15-5-104).

• Delegated Powers

  The parent may delegate any powers regarding care, custody, or property of the minor, including powers for medical care and educational care (Idaho Code 15-5-104).

• Marriage and Adoption Exclusion

  The parent's power to consent to marriage or adoption of the minor cannot be delegated (Idaho Code 15-5-104).

• Revocation by Delivered Writing

  Where a grandparent or sibling is the delegate, the parent or guardian may revoke before expiration in a writing delivered to that grandparent or sibling; revocation for other delegates is not stated. A revocation of a recorded power of attorney must also be recorded to be effective (Idaho Code 15-5-104).

• Section Changes January 1, 2027

  Idaho's 2026 guardianship act (chapter 79) repeals and replaces Idaho Code 15-5-104 effective January 1, 2027, so confirm current law for any delegation relied on after that date.