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Under Idaho law, an “advance care planning document”, “advance directive”, or “health care directive” is defined as a document that must comply with the legal requirements of the Idaho Code.
This document can either be a Physician Order for Scope of Treatment (POST form) or a statement in which an individual expresses their personal preferences regarding health care.
Advance directive forms can include a living will, which details end-of-life decisions, and a durable power of attorney for health care, which designates someone to make health care decisions on the individual's behalf if they are unable to do so.
Signing Requirements for Idaho Advance Health Care Directive
For an advance care planning document to be valid and enforceable, specific signing requirements must be fulfilled, as outlined in Section 39-4510 of the Idaho Code.
Signing Requirements for Idaho
Eligibility: Any competent person aged 18 years or older can execute an advance directive.
Mandatory elements: The person's name, date of birth, phone number, mailing address, the signature of the creator or the authorized agent, and the date the document was signed.
While not required, the advance directive form can include the following:
The person's email address
Nominations of one or more persons to act as a health care agent, as well as their contact information and relationship to the person executing the advance directive
Specific instruction related to resuscitation, pregnancy, end-of-life care, and the release of protected health information
The law allows for the inclusion of witness names and contact information, as well as the option to have the advance directive notarized. However, neither notarization nor having witnesses is mandatory for the validity of the health care advance directive.
Idaho Advance Health Care Directive Revocation & Changing
An Idaho advance directive becomes effective from the moment it is signed and remains in effect until it is revoked or replaced, according to Section 39-4512.
On the other hand, Section 39-4511A states that an advance directive for health care can be revoked or changed at any time through various methods, such as:
Directive Revocation and Changes
Physically destroying the document
Signing a written revocation
Orally stating intention to revoke advance directive
Any other clear action that shows intent to cancel the directive
It is important for the individual to inform health care providers of the revocation to ensure their wishes are updated and followed. If the providers are not aware of the revocation, they may continue to rely on the original advance directive without liability.
Additional Legal Considerations for the Idaho Advance Health Care Directive
Section 39-4511B states that an advance care directive can be temporarily suspended (paused) by the individual who created it. This can be done in three ways:
The person writes and signs a statement saying they want to suspend the document
An individual verbally states their intention to suspend the document
The person does something that clearly shows they want to suspend the document
Once the suspension ends, an advanced health care directive goes back into effect as it was before.
According to Section 39-4515, Idaho has a Health Care Directive Registry, which is a web-based platform where people can register their advance care planning documents. The registry is available 24/7 and includes personal details like the person’s name, birth date, phone number, address, and the date the document was signed.
People can submit their documents online or by mail, and a small fee (up to $10) may be charged for registration. When it comes to revoking the document, no fees should be charged.
How to Choose a Health Care Agent in Idaho
As mentioned earlier, an advance directive can include a medical power of attorney, allowing you to appoint a health care agent to make medical decisions on your behalf. Selecting the right person for this role is essential.
Namely, when choosing the health care agent, consider their qualities—they should be trustworthy, committed to following your wishes as outlined in the document, and capable of understanding and implementing your instructions.
Additionally, the Idaho health care proxy must be at least 18 years old and willing to accept this responsibility, so discussing this decision with them in advance is important.
What Happens if You Don’t Have an Advance Directive in Idaho?
An advance directive ensures that your medical wishes are respected if you become unable to make decisions for yourself. Without one, there will be no clear instructions or designated individuals to advocate for your preferences regarding medical care.
In such cases, decisions will be made by family members or close friends based on doctors' recommendations regarding what is considered best for your condition.