§ 34-6-301. Short Title
This part shall be known and may be cited as the “Power of Attorney for Care of a Minor Child Act.”
§ 34-6-302. Delegation of Authority — “Parent” Defined
A parent or parents of a minor child may delegate to any adult person residing in this state temporary care-giving authority regarding the minor child when hardship prevents the parent or parents from caring for the child. This authority may be delegated without the approval of a court by executing in writing a power of […]
§ 34-6-303. Execution of Instrument Providing for Power of Attorney — Affidavit Detailing Hardship — Procedure When One Parent Has Legal Custody
The instrument providing for the power of attorney shall be executed by both parents, if both parents are living and have legal custody of the minor child and shall state with specificity the details of the hardship preventing the parent from caring for the child. If only one (1) parent has legal custody of the […]
§ 34-6-304. Authority of Caregiver — Enrollment in Local Education Agency — Restitution to School District for Fraudulent Enrollment
Through the power of attorney for care of a minor child, the parent may authorize the caregiver to perform the following functions without limitation: Enroll the child in school and extracurricular activities; Obtain medical, dental and mental health treatment for the child; and Provide for the child’s food, lodging, housing, recreation and travel. Nothing contained […]
§ 34-6-305. Revocation of Power of Attorney
The power of attorney does not provide legal custody to the caregiver; provided, however, that, if at any time the parent or legal guardian disagrees with the decision of the caregiver or chooses to make any healthcare or educational decisions for the minor child, the parent must revoke the power of attorney and provide the […]
§ 34-6-306. Termination of Power of Attorney
The power of attorney for care of a minor child may be terminated by an instrument in writing signed by either parent with legal custody. The power of attorney for care of a minor child may also be terminated by any order of a court of competent jurisdiction that appoints a legal guardian or legal […]
§ 34-6-307. Contravening Decision by Parent
The decision of a caregiver to consent to or to refuse medical, dental, or mental health care for a minor child shall be superseded by any contravening decision of the parent having legal custody of the minor child; provided, however, that the decision of the parent does not jeopardize the life, health, or safety of […]
§ 34-6-308. Liability for Reliance on Power of Attorney
No person, school official, or health care provider who acts in good faith reliance on a power of attorney for care of a minor child to enroll the child in school or to provide medical, dental, or mental health care, without actual knowledge of facts contrary to those authorized, is subject to criminal liability or […]
§ 34-6-309. Residence Change
If the minor child ceases to reside with the caregiver, then the caregiver shall notify any person, school, or health care provider that has been provided the power of attorney for care of a minor child.
§ 34-6-310. No Obligation to Inquire or Investigate
A person who relies on the power of attorney for care of a minor child has no obligation to make any further inquiry or investigation. Nothing in this part shall relieve any individual from liability for violations of other provisions of law.