An Idaho power of attorney is a legal document that acts as the authorization for an individual, known as the agent or attorney-in-fact, to make financial decisions, healthcare decisions, real estate decisions, or estate decisions on behalf of the person granting this authority. An Idaho POA is often used for estate planning. Yet, there are other instances where a POA is a useful tool.
Quick Reference:
The person granting permission is referred to as the principal, donor, or grantor.
The person receiving authorization is known as the agent or the attorney-in-fact.
An Idaho power of attorney is a form that must adhere to Title 15 Chapter 12 of the Idaho Code. Here are a few of the requirements to create a legally enforceable power of attorney:
According to Idaho Legal Aid, it is not necessary to have a notary public witness the principal's signature, but it is often helpful since it serves to authenticate the document. The Idaho State Bar provides a statutory form in PDF format free for the general public.
The principal has the right to revoke the power of attorney as long as they are competent. A power of attorney can also be terminated if:
There are several reasons why someone would use an Idaho power of attorney form to give someone the authority to make decisions related to their tangible personal property, financial institution transactions, tax matters, or their well-being. Some of those reasons include:
Each person’s power of attorney needs may vary. Thankfully, there are several types of power of attorney forms that may be used. Before you decide to use a power of attorney, seek legal advice. Ask about the best POA for your specific situation as well as how to revoke the document should it become necessary. Here are the most commonly used powers of attorney in Idaho.
General Power of Attorney
A general power of attorney grants an agent with sweeping power unless the principal specifically states what the agent may and may not do.
Durable Power of Attorney
A durable power of attorney is used to allow an agent to act on the behalf of the principal even if the principal is determined to be incompetent.
Limited Power of Attorney
A limited power of attorney, also known as a special power of attorney, has limited power to whatever the principal specifies.
Medical Power of Attorney
A medical power of attorney allows the principal to appoint a healthcare agent to make healthcare decisions. It is not the same as a living will or as an advance health care directive.
Parental Power of Attorney
A parental power of attorney allows a parent or guardian to grant decision-making rights over their minor child to a temporary guardian in the event that the parent may not be present during a medical emergency.
Real Estate Power of Attorney
A real estate power of attorney allows the principal to designate an agent to buy, sell, or manage real estate on their behalf.
Tax Power of Attorney
A tax power of attorney form allows a capable individual, generally an accountant, to handle all tax preparation and submission needs on the principal's behalf.
Vehicle Power of Attorney
A vehicle power of attorney, Form IDT-3368, grants the agent power of attorney to handle all documents relating to the title and registration of the principal’s vehicle with the Idaho Transportation Department.
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