An Idaho durable power of attorney is a simple document that grants specific powers to someone you trust—called an “agent”—to handle certain matters for you (the “principal”). The term “durable” means that the power of attorney stays in effect even if you become incapacitated.
The most common durable power of attorney forms in Idaho are:
- a financial POA, for financial or business matters
- a medical POA, for medical decisions
In Idaho, a living will and durable power of attorney for health care are combined into a single document called a “living will and durable power of attorney for health care.”
Read on to learn and learn how to use a durable power of attorney in the Gem State.
Idaho Durable Power of Attorney Requirements
In Idaho, power of attorney forms are durable by default.
Relevant Laws: § 15-12-101 (Idaho Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed (§ 15-12-104).
Signing: Signature required. No witnesses are required unless the principal is unable to sign the document due to a physical condition. In this case, the Notary Public may sign the document under the direction of the principal and before a witness.
Notarization: The signature is presumed genuine if acknowledged before a notary public (§ 15-12-105).
Statutory Form: Yes — § 15-12-301.
How to Fill Out an Idaho DPOA Form
Follow these steps to easily create your durable power of attorney form for Idaho:
Step 1: Designate an Agent
In Idaho, you can appoint any competent adult as your agent, but you’ll want to take certain practical considerations into account, such as trustworthiness, geographical location, and understanding of what power of attorney is.
You can name co-agents who can act at the same time, but it’s usually advisable to stick with just one agent to minimize potential conflicts. However, it’s always a good idea to name a “successor” agent—an alternate who will become your agent if your first choice is unavailable for any reason—as it creates a backup plan.
The agent and the principal should write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
When you create a power of attorney, you can either authorize your agent to exercise all of your powers, or select from a list of specific rights and responsibilities. For example, you might want your agent to be authorized to act for you in the following areas:
- real estate
- investment and retirement plans
- business operations
- taxes
You can also include specific instructions on your durable power of attorney form.
Step 3: Ensure that Your Form Is Durable
In Idaho, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form.
Step 4: Sign and Date the Form
Once the details have been ironed out, the agent and the principal sign and date the durable power of attorney form.
The document comes into effect immediately upon the principal’s signature. This will allow your agent to start acting on behalf of the principal as per the preferences defined in the form. Of course, if the principal decided on a different date when the Agent will be granted this authority, that date may also be defined.
Storing and Using Your Form in Idaho
Once you complete your durable power of attorney form, store it in a safe deposit box or secure place in your home.
You should also give your agent a copy of the form, as well as family members, trusted friends, or third parties where it will be used (landlord, bank, or a state agency).
Signing on Behalf of the Principal
If you want an agent to sign on your behalf, contact the third party or place where the DPOA will be used and provide your ID and that of your agent.
The agent can then sign on your behalf as follows:
[Principal’s name]
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Idaho
A durable power of attorney can be revoked at any time by completing and filing a revocation of power of attorney.
If your spouse is named as your agent in your POA and you get divorced, that designation automatically ends. So if you named a successor agent, that person would become your agent instead.