A parent or a guardian of a minor or incapacitated person, by a properly-executed power of attorney, may delegate to another person, for a period not exceeding six months, any of the parent’s or guardian‘s powers regarding care, custody, or property of the minor child or ward:

(1) except the power to consent to:

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Terms Used In Utah Code 75-5-103

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section Utah Code 75-1-201 v2
  • Incapacitated: means a judicial determination after proof by clear and convincing evidence that an adult's ability to do the following is impaired to the extent that the individual lacks the ability, even with appropriate technological assistance, to meet the essential requirements for financial protection or physical health, safety, or self-care:
         (24)(a) receive and evaluate information;
         (24)(b) make and communicate decisions; or
         (24)(c) provide for necessities such as food, shelter, clothing, health care, or safety. See Utah Code 75-1-201 v2
  • Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
  • Minor ward: means a minor for whom a guardian has been appointed solely because of minority. See Utah Code 75-1-201 v2
  • Parent: includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this title by intestate succession from the child whose relationship is in question. See Utah Code 75-1-201 v2
  • Person: means an individual or an organization. See Utah Code 75-1-201 v2
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
  • Ward: means a person for whom a guardian has been appointed. See Utah Code 75-1-201 v2
     (1)(a) marriage; or
     (1)(b) adoption of a minor ward; and
(2) subject to Section 53G-6-302, including making decisions related to schooling.