Idaho Power of Attorney Forms
The Idaho Power of Attorney Forms create a legal pathway for an individual (the Principal) to elect that their decision making powers, regarding a singular situation or multiple circumstances, are passed on to another party of their selection (the Agent). Medical matters, the care of children, and the management of real property are examples of circumstances in which an Agent may be elected to act for the Principal.
Durable (Financial) Power of Attorney Form – A principal and agent who enter into a durable power of attorney (POA) arrangement agree that, should the principal become incapacitated, the stipulations set forth within the contract will remain unchanged.
General (Financial) Power of Attorney Form – Contrary to the enduring nature of a durable POA, a general POA will be abandoned in the case that the principal is determined to be in a state of incapacity.
Limited (Special) Statutory Power of Attorney Form – An agent only has the right to act in the special circumstances noted throughout this agreement that has been put forth by a principal.
Medical Power of Attorney + Living Will – A legal document that represents an individual’s consent for a nominated individual/s to make healthcare decisions on their behalf, or follow through on their medical wishes stated within the Living Will, in such an event that they are incapable of communicating this themselves.
Minor Child Power of Attorney Form – Also referred to as a Delegation of Parental Powers, this contract legally entitles a parent to delegate a responsible individual to take charge of the care of their child in the circumstances both the parent and individual mutually agree to.
Download – Adobe PDF
Motor Vehicle Power of Attorney (Form ITD 3368) – The Idaho Transportation Department issued this limited power of attorney form to allow vehicle owners in the state to “endorse, release, or transfer all registration documents” to an attorney-in-fact, among other options concerning a motor vehicle POA.
Download – Adobe PDF
Real Estate (Property) Power of Attorney Form – Delegates decision making powers from a principal to an agent about such matters as the selling and management of a property owned by the principal.
Revocation of Power of Attorney Form – Filing this form will represent the decision of a principal to revoke all of the powers they designated to an agent via a power of attorney form.
State Tax Power of Attorney (Form EFO-00104) – The law allows for an individual to choose for their tax matters to be handled by another party, so long as certain requirements are fulfilled, one of which includes filling out this form truthfully and accurately.
Download – Adobe PDF
What is an Idaho Power of Attorney?
An Idaho Power of Attorney is a legal instrument that reflects the choice of a Principal to delegate their decision making powers to a party known as the Agent. The terms of the contract may be as specific, or alternatively, as broad, as the Principal wishes. That being said, the Principal should be conscious of the fact that the terms of the contract serve to communicate to the Agent the manner in which they must legally act.
- Idaho Power of Attorney Laws – (Title 15, Chapter 12, “Uniform Power of Attorney Act”) and (Title 39, Chapter 25, “The Medical Consent and Natural Death Act”)
- State Definition of Power of Attorney (§ 15-12-102) – “means a writing or other record which grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.”
- State Definition of Medical Power of Attorney / Advance Directive (§ 39-4502) means a document that substantially meets the requirements of section 39-4510(1), Idaho Code, or is a “Physician Orders for Scope of Treatment” (POST) form or is another document which represents a competent person’s authentic expression of such person’s wishes concerning his or her health care.”
- Signing Requirements
- General / Durable Power of Attorney (§ 15-12-105) – Signed by the Principal and authorized by a Notary Public or other lawful, authorized entity.
- Medical Power of Attorney / Advance Directive (§39-4510) – The Principal needs to sign the form before a Notary Public or other lawful, authorized entity.
When is it Effective?
In Idaho, § 15-12-105 establishes that Power of Attorney is effective when it is 1) signed by the Principal (creator of the document) or an individual that has been given permission by the Principal to sign in their name, and 2) the signatures on the form are witnessed by a lawful Notary Public.
While carrying the same signing requirements, the laws regarding the way in which a Medical Power of Attorney / Advance Directive must be signed are contained within §39-4510.