The Idaho medical power of attorney, or healthcare power of attorney, is a legal document that allows the person called the agent or the attorney-in-fact to represent another person, called the principal, to make healthcare decisions on their behalf.
The healthcare power of attorney should be issued in the following situations:
When to Issue a Healthcare Power of Attorney
If the principal is of old age and wants to authorize someone to be able to make general decisions regarding their healthcare and treatment
If the principal is facing a possible surgery
If the principal is diagnosed with a terminal condition
If the principal wants to authorize someone to make end-of-life decisions on their behalf
Laws and Legal Requirements for a Medical Power of Attorney in Idaho
Laws and Legal Requirements
Title 39, Chapter 45 of the Idaho Statutes, also called the Medical Consent and Natural Death Act, is a document that regulates the status of medical power of attorney.
Section 39-4510 indicates that the medical power of attorney becomes valid only after the principal signs and dates the document.
Although the document doesn’t require notarization and witness signatures for the medical power of attorney form, it is always recommended to provide these and additionally confirm the authenticity of the document.
The medical power of attorney remains valid until the principal revokes it or until they pass away unless the document gets revoked by a court order. Section 39-4511A provides the ways in which the document can be revoked.
How to Write a Medical Power of Attorney in Idaho
To make a valid and effective medical power of attorney, your document must be in line with Idaho state laws and regulations. The following section provides a step-by-step guide on how to draft a valid and effective medical power of attorney.
How to Write a Medical Power of Attorney
#1. Access the Medical Power of Attorney Form
First, you should access the Idaho medical power of attorney template and fill it out according to the instructions provided by our advanced legal document builder.
The document builder will guide you through each step of the process, instructing you on how to fill out each document section.
First, you should enter the full name, mailing address, and contact details of the principal, as well as the date of issuing the medical power of attorney.
#2. Appoint a Healthcare Representative
In this section, you will be instructed to enter basic information about your attorney-in-fact. You should enter their full name, mailing address, and contact details.
The attorney-in-fact should be someone trustworthy, considering the importance of the matter they will be deciding about. You can choose your spouse, a relative, a friend, or a trusted advisor.
#3. Identify an Alternative Healthcare Representative
An alternative healthcare representative is also called the secondary agent or the secondary attorney-in-fact.
The secondary agent will act only in situations where the primary agent is unable to represent you. That can happen if the primary agent loses their legal capacity or passes away.
The secondary agent should also be an adult with the legal capacity to represent you. You can appoint one, two, or more people as your secondary agents.
#4. Provide Agent’s Rights and Limitations
Here, you will provide medical power of attorney rights and limitations that will define the agent’s scope of authority.
You can provide which treatments and medications you want or don’t want to be subjected to. This may include preferences for life support, resuscitation, organ donation, and other medical interventions.
#5. Identify the Witnesses and Notarize the Form
Although it is not required by state law, your signature should be acknowledged by the notary public and at least one witness. This will additionally confirm the authenticity of the document and prevent potential fraud.