Utah Temporary Guardianship Agreement
Utah Code 75-5-103 lets a parent delegate parental powers by power of attorney for up to six months.
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Introduction
Utah uses a power of attorney delegating parental powers under Utah Code 75-5-103, for up to six months. The statute names no form; the Utah Courts form is signed under oath before a notary. It creates no guardianship, and the parent can revoke it at any time.
Key Things to Know
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Utah's instrument is a power of attorney delegating parental powers under Utah Code 75-5-103. The parent signs it, and the caregiver is the attorney-in-fact. Utah Courts publishes a form titled Power of Attorney over Protected Person or Minor Child, and a Revocation of Power of Attorney form.
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A delegation under 75-5-103 may not exceed six months, and the document states an end date within that period. The statute states no renewal mechanism. For school purposes, Utah Code 53G-6-302(4)(c) says a power of attorney accepted by the school district remains in force until the earliest of the child reaching 18, marriage, emancipation, the expiration date stated in the document, or revocation or a court order.
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Utah Courts says the power of attorney takes effect when the parent completes the form and signs it under oath in front of a notary. The court form has one signature block for the parent and a notary block, with no witness lines and no caregiver signature line. The statute itself says only properly-executed.
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The parent may delegate any of the parent's powers regarding care, custody or property of the child, all or some, except the power to consent to marriage or adoption. The delegation is subject to Utah Code 53G-6-302, including decisions related to schooling. Utah Courts says a parent can limit the power to something specific, such as authorizing specific medical or dental treatment.
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Where a parent moves out of state and delegates schooling under 75-5-103 to a responsible adult with whom the child resides, a school board may treat the child as a district resident if the adult is a resident of the district. A district may also require a durable power of attorney from the legal custodian, and for a power of attorney given to a school district under Utah Code 53G-6-302, the parent and the caregiver must both agree to assume responsibility for school fees. Check with the school or provider before you rely on it.
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This is not a court guardianship. A power of attorney does not create a guardianship, and the caregiver does not become the child's guardian. Parental rights are not given up, and the parent can revoke it at any time. Utah Courts advises written notice of the revocation to the attorney-in-fact and to anyone who was given a copy. If the child is in danger, contact Utah's child protective agency. For disputes between parents, see DocDraft's child custody agreement and parenting plan pages.
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If this document does not fit your situation, or a longer or court-backed arrangement is needed, a court can appoint a guardian of a minor on a petition under Utah Code 75-5-204 and 75-5-207, including a temporary guardian whose authority may not last longer than six months. See DocDraft's guardianship of a minor petition page. A court guardianship over a parent's objection is a contested case.
Key decisions before you file
Before you file a Temporary Guardianship Agreement in Utah, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.
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Utah Requirements for Temporary Guardianship Agreement
Power of Attorney Delegating Parental Powers
A parent may, by a properly-executed power of attorney, delegate to another person any of the parent's powers regarding care, custody or property of the minor child (Utah Code 75-5-103).
Six-Month Limit
The delegation may not exceed six months, and the document states an end date within that period. The statute states no renewal mechanism (Utah Code 75-5-103).
Notarized Signature
Utah Courts says the power of attorney takes effect when the parent completes the form and signs it under oath in front of a notary. The statute requires a properly-executed power of attorney.
Marriage and Adoption Exclusion
The power to consent to marriage or adoption cannot be delegated (Utah Code 75-5-103).
Schooling Decisions
The delegation is subject to Utah Code 53G-6-302, including decisions related to schooling. For a power of attorney given to a school district under that section, the parent and the caregiver must both agree to assume responsibility for school fees.
Responsible Adult Caregiver
The attorney-in-fact must be a responsible adult and does not need to be related to the parent or the child (Utah Courts).
Specific or All Powers
The document states either all powers except marriage and adoption, or a specific list such as school enrollment or specific medical or dental treatment.
Revocation
The parent may revoke at any time. Written notice should be given to the attorney-in-fact and to anyone given a copy, and Utah Courts publishes a revocation form.