An Idaho Power of Attorney is a legal document that allows the residents to appoint another person to take up specified duties and responsibilities on their behalf.
The appointing party is the “principal,” while the appointed party is known as the “agent or attorney-in-fact.” The agent can be an individual or entity. A power of attorney (POA) can be used for various reasons, from limited or discreet transactions such as financial matters, real estate, medical decisions, etc., or daily long-term representation. An open and honest discussion between the principal and agent should be held to ensure that the specified powers and responsibilities are explicitly defined and understood by both parties.
This article will highlight the different types of POAs in Idaho and their requirements.
Types of POA in Idaho
POAs vary in the type of decisions and legal authority they designate to the attorney-in-fact. Consequently, there are multiple types of power of attorney forms that residents of Idaho can use.
They include:
Advance Directive
An advance directive is used to appoint an agent to assume the legal authority to make medical decisions on behalf of the principal. It is also termed Living Will and Durable Power of Attorney for Health Care. This power of attorney is governed by Title 39, Chapter 45 (The Medical Consent and Natural Death Act). There are four versions of the document in Idaho: Honoring Choices, Idaho.gov, Intermountain Hospital, and Port Neuf Medical Centre. The principal should sign the POA according to (§ 39-4510).
Download: Microsoft Word (.docx)
Durable (Statutory) Power of Attorney
A statutory durable is a POA created when a principal designates another person to manage their assets or make decisions even in the case of incapacity. Idaho durable (statutory) power of attorney is subjected to Title 15, Chapter 12 (Uniform Power of Attorney Act). According to (15-12-102(2)), the term “durable” implies that a power of attorney remains effective even if the principal becomes incapacitated. The statutory POA form can be obtained from § 15-12-301 of the Idaho Statutes. This document should be signed before a notary public.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
This document allows the principal to authorize another person to make financial decisions in their absence. The general POA form deals with transfers of money and property, deposit accounts, stocks, bonds, real estate, and other assets, and incurring debts. This type of power of attorney is governed by Chapter 12 — Uniform Power of Attorney Act. The authority of an agent under a general (financial) power of attorney is governed by (I.C. § 15-12-201). This document has to be notarized.
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited POA is used when a principal wants to delegate a specific aspect of their life to the agent. These include real estate, personal financial matters, and durable powers of attorney for health care. The validity of this power of attorney can also be limited to a specific time. This type of power of attorney is governed by Chapter 12 — Uniform Power of Attorney Act. According to (I.C. § 15-12-105), the POA has to be notarized.
Download: Microsoft Word (.docx)
Medical Power of Attorney
This type of POA can be used to appoint a third party as the agent for health care decisions in the event of incapacitation. The principal can execute it in writing or electronically in Idaho.gov. It is executed jointly with a living will. The living will directive allows the principal to communicate their medical or end-of-life preferences while still of sound mind. The principal must sign the document.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
This type of POA is used when a parent or guardian wishes to appoint an agent to care for the minor’s financial, real estate, educational, and medical needs for a specified period. The parent or guardian must execute a declaration on behalf of their child(ren) agreeing to appoint the attorney-in-fact. It should be executed in writing before notarization. This type of power of attorney is governed by § 15-5-104. The durations of a minor (child) power of attorney in Idaho are typically six-twelve months for military deployment, or three years. The document ought to be signed before a notary public.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney Form
An Idaho POA can be revoked by the principal or the attorney-in-fact on specific grounds, including the principal’s death, incompetency, or mutual agreement. Revocation of power of attorney in Idaho form can validate such action. This type of POA is used to nullify any power of attorney in Idaho. Once a power of attorney (POA) has been revoked, all the relevant parties should be notified to ensure the previous Idaho power of attorney is not relied upon to conduct transactions.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
This type of POA is used to delegate property management and other related responsibilities such as sale, refinancing, leasing, signing documents, etc., to another person. The preparation and execution of a real estate power of attorney in Idaho are governed by Chapter 12 — Uniform Power of Attorney Act. The principal should sign and have the document notarized. The principal can designate all real estate powers or specific functions to the agent.
Download: Microsoft Word (.docx)
Tax Power of Attorney Form
A tax power of attorney (or Idaho state tax commission power of attorney) allows a person to appoint an agent in writing to handle financial matters about taxes – for example, filing tax returns. In addition, the principal can designate an agent other tax related duties and responsibilities if they find it necessary. Only taxpayer signatures are required to make this document valid.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney Form (IDT-3368)
This type of Idaho power of attorney is used to designate an agent to assume the responsibility of vehicle title transfer, registration, and license plate assignment. The principal should sign a vehicle POA form, and it should be notarized. The vehicle power of attorney is typically limited to one vehicle.
Download: Microsoft Word (.docx)
Governing Laws
State laws regulate different aspects of a power of attorney in Idaho. It is therefore advisable to consult applicable laws before initiating power of attorney. This ensures that the POA is crafted in compliance with the laws such that it becomes legally enforceable in Idaho. These laws are:
DPOA laws
A general durable POA is governed by Title 15, Chapter 12 (Uniform Power of Attorney Act). A general DPOA is a prevalent type of power of attorney in Idaho. This type of POA can be used to appoint a “durable” or “health care agent” to make decisions on the principal’s behalf when they are unable to communicate the same due to incapacitation; hence the term durable as defined under (15-12-102(2)).
The agent is expected to perform the assigned duties or legal authority following Section 15-5-50. Section 15-5-502 dictates that the general power of attorney is legally binding to the principal’s successors. According to (§ 15-12-105, § 15-12-302), the DPOA must be signed by the principal in the presence of a notary public or any other equivalent legal authority. The agent can sign the Agent’s Certification; however, it is not mandatory. Section 15-5-503 stipulates that the appointed agent is considered a trustee or a court-appointed guardian of the principal’s estate, but the principal is permitted to revoke the agent’s assigned powers.
It also stipulates that the principal can nominate a name and forward it to the court to determine whether the nominee is a suitable trustee or conservator of the principal’s estate. The court can disqualify the nominee if deemed unsuitable with good cause. Section 15-5-504 stipulates that the death or incapacitation of the principal does not invalidate a general durable power of attorney if it was executed prior. Section 15-5-505 directs that if the appointed agent fails to carry out powers granted to them through the general DPOA, they may not be terminated immediately. The statutory form of Idaho power of attorney can be obtained from § 15-12-301 of the statutes of Idaho.
Bank account matter laws
A bank account matters. POA grants an agent the right to perform specific duties tied to a bank account if the principal cannot do the same. In Idaho, this type of power of attorney can only be revoked through written notice to the appointed agent and institution involved.
Idaho POA legal requirements
Idaho requires that an enforceable power of attorney meet specific requirements. These requirements will typically be concerning signing, execution, and revocation. Examples of such requirements are as follows:
Signing requirements
Under (§ 15-12-105), the principal should sign a general durable power of attorney. A notary public should witness the signing and supply their signature and official seal.
Execution requirements
For a general DPOA to be valid, it has to be signed by the principal, should be dated, and witnessed by at least two witnesses.
Revocation requirements
The principal can revoke a general power of attorney in Idaho any time they deem necessary. The document can be invalidated through a written notice signed by the principal, a verbal declaration of intent to revoke by the principal or physical destruction of the POA.
Free Forms
How to Get Power of Attorney in Idaho?
Idaho can be done in simple steps; firstly, select the type of POA form needed. Then appoint a trustworthy and capable attorney-in-fact. Next, agree on the extent of legal authority and duties they will assume. Next, complete a power of attorney in Idaho and sign the document. Finally, issue a copy of the POA to the agent and keep the original.
Bottom Line
In summary, obtaining a power of attorney is a straightforward process in Idaho. Once a power of attorney in Idaho has been issued, the agent should be provided with a copy and aware of the legal responsibilities involved. They should sign and execute the document promptly after issuance and complete their duties accordingly to avoid legal challenges. Capable agents should be chosen carefully because once a power of attorney has been issued, the agent will be legally bound not to abuse the powers assigned and is expected to act in the principal’s best interests.
