An Idaho general power of attorney (GPOA) empowers someone known as the “principal” to delegate authority to another person, termed the “agent,” to manage various financial and legal matters on their behalf. This document grants the agent broad powers encompassing responsibilities such as handling bank transactions, investment decisions, or bill payments.
This form is non-durable since it provides authorization for a temporary period and becomes ineffective if the principal becomes incapacitated. On the other hand, a durable power of attorney remains valid even if the principal cannot make decisions.
Authority (I.C. § 15-12-201) – An agent, acting under a power of attorney, can only perform specific actions if explicitly granted that authority in the document and if not restricted by other agreements. Actions carried out by the agent legally bind the principal and their successors as if done by the principal themselves.
Signing Requirements (I.C. § 15-12-105) – The document must bear the principal’s signature or, if directed by the principal, by another person in their conscious presence. The signature is considered authentic if acknowledged before a notary public.
Presumption of Durability (I.C. § 15-12-104) – Yes, an Idaho power of attorney is presumed durable, meaning it remains effective unless explicitly stated to end upon the principal’s incapacity.