The Idaho durable power of attorney is a document one person, called the principal, issues to authorize another person, called the agent or the attorney-in-fact, to act on their behalf.
The term durable means that the power of attorney will remain valid and effective even if the principal becomes incapacitated.
You should use the Idaho durable power of attorney in any situation when you are not able to represent yourself due to unstable physical or mental health (for example, dementia or Alzheimer’s disease) or simply because you live far from the place where you need to take certain legal or financial action.
Durable Power of Attorney Laws & Requirements in Idaho
Laws & Requirements
Relevant laws: Title 15, Chapter 12 - Uniform Power of Attorney Act
Statutory form: § 15-12-301 of the Idaho Code provides the statutory form for the Idaho durable power of attorney.
Signing requirements: In Idaho, the principal must sign the durable power of attorney before the notary public or other body authorized to take acknowledgments. A power of attorney can also be signed by another person, as instructed by the principal, if the principal is unable to sign the document due to a physical disability. (§ 15-12-105)
“Durable” definition: According to § 15-12-102, the term “Durable” with respect to a power of attorney means not terminated by the principal’s incapacity.
How to Fill out a Durable Power of Attorney in Idaho
#1. Designate an Agent
Firstly, insert the full name and mailing address of the principal and agent. If necessary, you can add additional information about the agent, like their ID or professional license number.
When choosing the agent, you must look for a person who is of legal age and has legal capacity. Most importantly, it has to be a trustworthy person, especially if you authorize them to make financial, legal, and medical decisions on your behalf.
Here, you can also determine the successor agent. They will act in case the primary agent is unable to represent you.
#2. Grant Authority
After determining the agent, you should define their scope of authority.
At this stage, you will have three options:
Scope of Authority
General authority. By delegating general authority to the agent, you will enable them to take any necessary action and interact with any third party on your behalf. You can limit the general authority by naming the activities the agent cannot undertake.
Partial authority. Here, you will name the activities the agent can take on your behalf. Our durable power of attorney form contains a list of the most commonly used authorities. You just have to sign your initials in front of the activities you want your agent to be able to undertake.
Specific authority. This is the most flexible option since here you can describe in your own words the scope of authority you want your agent to have.
#3. Ensure the Form is Durable
In Idaho, the power of attorney is durable by default, meaning that if you want your power of attorney to be non-durable, you must explicitly state so in the document.
#4. Sign the Form
After completing the form, you should go to the notary office and sign the document in front of the notary public.
#5. Notarize the Form
In Idaho, the durable power of attorney must be notarized. The notary public will acknowledge the principal’s signature as well as the authenticity of the document.
#6. Store Your Durable Power of Attorney Form
After finalizing the document, you should keep the original document in your possession. You can give one copy of the document to the agent so they can prove their capacity as your agent to any third party.
How to Revoke a Durable Power of Attorney in Idaho
The easiest way to revoke the Idaho durable power of attorney is to create a revocation letter.
This letter should include information about the principal and the agent and the date of issuing the durable power of attorney.
After issuing the revocation letter, the principal should give a copy to the agent and every third party the agent is interacting with on behalf of the principal so the revocation can take effect.
The principal can also revoke the durable power of attorney by destroying the document or making a verbal revocation. However, making a written revocation is the most secure and effective way of doing it.