Idaho Power of Attorney Forms

The Idaho Power of Attorney Forms serve as a legal means for authorizing another entity with permission to make decisions on behalf of another. The person that assigns the power is known as the “Principal”, whereas the person receiving the powers is referred to as the “Agent”. Depending on the form selected, the Principal can opt to have their Agent make decisions regarding their medical matters, the care of their children, the management of their property, or their finances, to name a few examples. Once completed, it is paramount that the Principal follows the signing requirements set out by the specific form used.

Types

Durable (Financial) Power of Attorney Form – A contract used for granting powers over financial matters. The “durable” nature of the form refers to the fact that it remains in effect in the event the principal were to become incapacitated (unable to make decisions).

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General (Financial) Power of Attorney Form – Contrary to a durable POA, a general POA will be abandoned in the case that the principal is determined to be in a state of incapacity.

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Limited (Special) Statutory Power of Attorney Form – Allows a person to assign specific powers to their agent. Can be used for one-time and recurring situations.

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Medical Power of Attorney + Living Will – Upon completion, the form nominates an individual with the responsibility of making healthcare decisions on their behalf should the principal become unable to function.

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Minor Child Power of Attorney Form – Also referred to as a Delegation of Parental Powers, the contract legally entitles a parent to delegate a trusted person with permission to care for their child/children.

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Motor Vehicle Power of Attorney (Form ITD 3368) – Created by the Idaho Transportation Department to allow vehicle owners to “endorse, release, or transfer all registration documents” to an agent.

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Real Estate (Property) Power of Attorney Form – Delegates decision making powers from a principal to an agent regarding the buying or management of a rental property owned by the principal.

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Revocation of Power of Attorney Form – Used for terminating an existing POA.

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State Tax Power of Attorney (Form EFO-00104) – Permits residents of Idaho with a means of assigning a tax preparer to handle and file their private tax documents.

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What is an Idaho Power of Attorney?

An Idaho Power of Attorney is a legal form that assigns power from a principal to an agent for one-time or repetitive actions. The terms of the contract may be as specific or as broad as the principal desires.

  • 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 POA (§ 15-12-105): Signed by the principal and authorized by a Notary Public.
    • Medical Power of Attorney / Advance Directive (§ 39-4510) – Signed by the principal and notarized (same as general/durable POAs).

Sample