Free Idaho Durable Power of Attorney Forms
A power of attorney or POA is a legal document that allows a person to authorize another to make decisions on their behalf. The person giving the authority is called the principal, while the individual given the authority is the agent. In most cases, the authority expires when the principal becomes incapacitated unless the POA is durable.
Idaho Durable Power of Attorney Laws
Idaho Statutes Title 15: Uniform Probate Code, Chapter 12: Uniform Power of Attorney Act - the law sets guidelines on how to create a durable POA in Idaho. It defines durable as “...with respect to a power of attorney means not terminated by the principal’s incapacity” (ID Code §12-12-102). Another section states, “A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. (ID Code §15-12-104).”
Signing Requirements in Idaho
In Idaho, the durable POA is valid when the principal signs it in front of a notary public or any individual legally authorized to make acknowledgments. According to the law, “A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney” (ID Code §15-12-105).
How To Write a Durable POA in Idaho
A durable POA acts as the agent’s authority to make decisions on behalf of the principal and remains valid even when the principal becomes mentally incompetent. Here is how to write a durable POA:
1. Pick Your Agent
The agent has an important role in the durable POA. Hence, choose someone you trust with your money, business, and other affairs. Many choose a spouse, child, sibling, or other close relative, which makes sense since they are usually the people you trust the most.
On the other hand, there are also those who prefer someone knowledgeable about their business and finances. It could be someone who is part of the business or a lawyer.
2. Discuss the Responsibilities With Your Choice of Agent
After choosing an agent, make sure they understand their duties and agree with them. An agent’s responsibilities may include managing assets such as real estate properties, vehicles, bonds, and more. The agent may also sign documents or appear in meetings and hearings.
The agent’s duties can be as specific or comprehensive as you want them to be. This is why responsibilities must be discussed before the POA is signed. Note that healthcare decisions are not part of a durable POA. A separate type of document called a medical or healthcare POA is necessary so that your agent can act on healthcare matters for you.
Another matter you may discuss with your agent is compensation. Some agents may not ask for it, especially if the agent is a close kin. However, compensation is worth discussing since agents are entitled to it in addition to reimbursements for expenses incurred while carrying out their duties.
3. Prepare the Idaho Durable POA Form
Download a printable Idaho durable POA template. Make sure the form follows the acceptable format in Idaho. Fill out important information such as your and your agent’s names, mailing addresses, and contact information.
Include all responsibilities you wish to be implemented. It is better to be pedantic about them rather than leave room for ambiguity.
4. Sign the Document
Go through the durable POA multiple times to ensure you have everything covered. Once you’re done, sign and date the document. You must do so in front of a notary public to make it legal. If you are unable to sign the document for any physical reason, you can ask somebody else to sign the POA for you. However, you have to be there to provide express consent.
5. Use the Idaho Durable Power of Attorney
Keep a copy of the document and give another copy to your agent. The POA serves as written permission for the agent to make decisions on your behalf. Every time they decide for you, sign for you, or act for you, the durable POA must be presented as proof of their authority.