An Idaho Medical Power of Attorney (MPOA) is a type of advance directive used to give a trusted individual the right to make medical decisions for you if you become incapacitated.
The person you choose, called your agent, can only make medical decisions for you if you can’t communicate your wishes yourself.
Laws: Title 39, Chapter 45 of the Idaho Statutes details the requirements for creating a Medical Power of Attorney in Idaho.
While you complete your medical power of attorney, you may also want to create these documents:
- Living Will: This document lets you describe your preferences for medical treatment and health care in case you become unable to communicate. You can combine it with your Medical Power of Attorney if you wish.
- Idaho (Financial) Power of Attorney: A power of attorney for finances lets you choose an agent to manage your assets and property to whatever extent you wish.
How to Fill in a Medical Power of Attorney in Idaho
Follow these steps to make sure your Idaho Medical Power of Attorney complies with ID Code §39-4501 to §39-4514:
Step 1: Choose an Agent.
Your agent is the person who will make healthcare decisions for you when you’re unable to communicate.
Who should you choose as an agent?
Choose an adult you can trust who understands your values well enough to make important decisions for you if your wishes aren’t clearly stated or known.
Who can’t be your agent?
None of the following people can be your agent:
- Your treating healthcare provider
- An employee of your treating healthcare provider (unless they’re your relative)
- The operator of your community care facility
- An employee of your community care facility operator (unless they’re your relative)
Relevant law: ID Code §39-4510
Can you have more than one agent?
You can’t have more than one agent at a time, but you can designate alternate agents in case your primary agent isn’t available to fulfill their duties as an agent.
Relevant law: ID Code §39-4510
Step 2: Specify what healthcare decisions your agent can make
Think carefully about what powers you want to give your agent.
Can you limit your agent’s powers?
Yes, you can include specific instructions for your healthcare that your agent must follow. You can also be specific as to which kinds of medical choices you want your agent to be able to make.
Relevant law: ID Code §39-4510
What is your agent legally unable to do?
Your agent must make decisions based on your known desires or in your best interest if your wishes aren’t known. The directive also has no force during your pregnancy.
Relevant law: ID Code §39-4510
When can your agent start making decisions for you?
Although the MPOA goes into effect immediately, your agent will not be allowed to make healthcare decisions for you unless and until you become incapacitated and are unable to make those decisions on your own.
Relevant law: ID Code §39-4510
Step 3: Sign the Form
To make your Medical Power of Attorney valid, sign according to the following ID requirements:
Does a Medical Power of Attorney need to be notarized in Idaho?
While Idaho law only requires that you sign and date your Medical Power of Attorney, we recommend having it notarized or signed in front of one or two witnesses.
This will help ensure your wishes are honored if you’re traveling in another state or if the document’s validity is questioned.
Relevant law: ID Code §39-4510
How long is your Medical Power of Attorney effective in Idaho?
A Medical Power of Attorney remains valid until your death unless you revoke it or a court orders it to be revoked.
Relevant law: ID Code §39-4510
How to Revoke an Idaho Medical Power of Attorney
Unless you take action to revoke the MPOA, it will continue until your death. In Idaho, you can revoke your Medical Power of Attorney in these ways:
- Destroy the original document
- Create a written revocation of power of attorney form
- Tell your doctor you want to revoke the MPOA
- Any other method that clearly expresses your intent to revoke
If your agent is your spouse, and the marriage is later dissolved, their power as your agent is automatically revoked.
No matter which method you use to revoke your MPOA, make sure you communicate it to your doctor and agent.
Relevant law: ID Code §39-4511A