Create a legally binding document effortlessly!
Updated August 11, 2023
Granting financial authority to a trusted individual is made easy with the Idaho Durable Statutory Power of Attorney. This legal document allows the principal to delegate their financial powers to an agent, whether it be a close relative or friend. The scope of authority can be tailored to the principal’s specific needs and can take effect immediately or on a specified date. The term “durable” indicates that the power of attorney remains valid even if the principal becomes incapacitated. It’s a powerful tool to ensure that your financial affairs are managed according to your preferences.
Table of Contents
- Laws
- Definition of “Durable”
- Definition of “Power of Attorney”
- Signing Requirements
- Statutory Form
- How to Write
- Related Forms
- Advance Directive
- Last Will and Testament
Laws
The Idaho Durable Statutory Power of Attorney operates under Title 15, Chapter 12, also known as the Uniform Power of Attorney Act.
Definition of “Durable”
“Durable” refers to a power of attorney that remains valid even if the principal becomes incapacitated (15-12-102(2)).
Definition of “Power of Attorney”
“Power of attorney” is a written document that grants authority to an agent to act on behalf of the principal (15-12-102(7)).
Signing Requirements
To execute the power of attorney, the principal must sign in the presence of a notary public or an authorized individual. The agent also has the option to sign the Agent’s Certification in the presence of a notary public (§ 15-12-105, § 15-12-302).
Statutory Form
The Idaho legislature has provided a statutory power of attorney form, which can be found in § 15-12-301 of the Idaho Statutes.
How to Write
You can download the Idaho Durable Statutory Power of Attorney form in PDF, MS Word, or OpenDocument format for your convenience.
Designation Of Agent
- Name Of Principal: Provide the name of the private party authorizing the agent to act on their behalf in Idaho.
- Name Of Agent: Specify the name of the agent who will represent the principal and carry out their directives.
- Agent Contact Information: Include the complete address and phone number of the agent for identification purposes.
Designation Of Successor Agent
- Name Of Successor Agent: Designate a successor agent who can step in if the original agent becomes incapacitated or unable to fulfill their duties.
- Successor Agent Contact Information: Provide the contact details of the successor agent for immediate accessibility.
- Name Of Second Successor Agent: Optionally, appoint a second successor agent to ensure continuity in case both the agent and the first successor agent are unable to fulfill their roles.
- Second Successor Agent Contact Information: Specify the contact details of the second successor agent.
Grant Of General Authority
- General Power Selection: The principal can decide whether to grant the agent authority over specific subjects or all matters. If the principal doesn’t wish to grant full authority, they can use a list to indicate which powers the agent can exercise by initialing the corresponding items.
- Authorizing Full Power: By initialing this option, the principal grants the agent the maximum representational powers allowed by the State of Idaho.
Grant Of Specific Authority
- Specific Authority: Some actions require direct authorization from the principal. By initialing specific statements, the principal grants the agent the power to perform those actions on their behalf.
Special Instructions
- Principal Directives: Any additional provisions or instructions can be included in this section. Whether it’s appointing co-agents, setting start and termination dates, or imposing limitations, the principal can ensure their preferences are documented.
Nomination Of Conservator
- Name Of Nominee: The principal can suggest a specific individual as their conservator, although the final decision rests with the court.
- Nominee’s Contact Information: Provide the contact details of the nominee for consideration.
Signature Acknowledgement
- Principal Signature: The principal must sign the document before an Idaho Notary Public to confirm their intention to designate the agent with the specified authorization.
- Date: Enter the date when the principal signs the document.
- Principal Printed Name:
- Principal Contact Information:
Notary
- Notary Public: The notary public’s role is to authenticate the principal’s signature. This step is crucial, especially when dealing with real property.
Signature By Proxy Option
- Notary Signature: If the principal is physically unable to sign the document, the notary public, under the principal’s guidance and in the presence of a witness, can sign on their behalf.
- Witness Signature: The witness must confirm that they saw the signing by the notary public on behalf of the principal.
- Principal And Witness Names:
- Idaho Notarization: The notary public completes the notarization process, verifying the identities of the principal and the witness.
Idaho Agent Certification
- Idaho County: Begin the document with the name of the Idaho County where the agent’s statement is being made.
- Name Of Agent:
- Name Of Principal:
- Date Of Power Appointment: Provide the date of the power of attorney document to which the agent’s statement relates.
- Comments From The Agent: The agent can add any additional comments to strengthen the authenticity of the powers granted by the principal.
- Agent’s Signature:
- Signature Date:
- Agent’s Printed Name:
- Contact Information: Provide the printed name, residential address, and current telephone number of the agent for identification.
- Notary: The notary public authenticates the agent’s execution of the statement.
Related Forms
- Advance Directive: This comprehensive form allows individuals to express their healthcare wishes and appoint a healthcare agent. Download the form in PDF, MS Word, or OpenDocument format.
- Last Will and Testament: Create a legally binding will to ensure your assets are distributed according to your wishes. Download the form in PDF, MS Word, or OpenDocument format.
