Unregulated Custody Transfers of Adopted Children - Idaho

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Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Idaho Code § 15-5-104

A parent or a guardian of a minor, by a properly executed power of attorney, may delegate to another person any of the parent's or guardian's powers regarding care, custody, or property of the minor or ward including, but not limited to, powers for medical care and educational care of the minor or ward, with the exception of the parent's or guardian's power to consent to marriage or adoption of a minor, for a period not exceeding 6 months. In the case of military personnel serving beyond the territorial limits of the United States, the power or attorney may not exceed 12 months.

The power of attorney does not need to be notarized or recorded to be valid. However, if the power is recorded, any revocation of the power by a writing also must be recorded before the revocation is effective.

Exceptions

Citation: Idaho Code § 15-5-104

The delegation for a minor to a grandparent, a sibling, or to a sibling of either parent shall continue in effect until the time, date, or condition set forth in the power of attorney for automatic expiration of the power of attorney occurs. If the power of attorney does not provide a time, or date, or condition for automatic expiration of the power, the power of attorney shall continue in effect for a period of 3 years. The power may be revoked prior to the expiration of the 3-year period or prior to the time, date, or condition for automatic expiration, in a writing delivered to the grandparent or sibling by the delegating parent or guardian.

Consequences

This issue is not addressed in the statutes reviewed.