An Idaho power of attorney revocation is a legal document that formally terminates a previously granted power of attorney (POA) of any type. To ensure effectiveness, all parties who previously relied on the document (attorney-in-fact, banks, doctors, etc.) need to be notified and receive a copy to prevent them from unknowingly acting on outdated information.
Legal Considerations
Statute – Title 15, Chapter 12 (Uniform Power of Attorney Act).
Definitions – § 15-12-110.
Signing Requirements – § 15-12-105 – Notary public.
Revocation and Termination
A POA in Idaho terminates under various circumstances. These include:
- The principal’s passing.
- Upon the occurrence of a specified event or at a designated time.
- Once the purpose for which the POA was created has been fulfilled.
- Agent’s incapacity, death, or resignation and there is no named successor agent.
- If the agent is the principal’s spouse, their authority may be revoked upon divorce or legal separation, unless otherwise specified in the POA.
- Revocation by the principal: The principal has the right to cancel the POA at any time, provided they are of sound mind.
Fees
- Recording: If the original POA was recorded with the local Idaho Recorder’s Office, it’s advisable to record the revocation document there as well. Fees vary by county but are generally between $10 and $25.
- Notary: Fees typically range from $2 to $5 per signature on the document.
Resources
- Idaho Secretary of State – Resources related to legal documents and procedures, including powers of attorney.
- Legal Aid Services – Free legal assistance and resources for low-income individuals.