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Idaho Durable (Statutory) Power of Attorney Form

An Idaho durable statutory power of attorney allows a person ("principal") to give financial authority to another person ("agent"), such as a spouse, family member, or close friend. The term "durable" refers to the form remaining valid even if the principal becomes incapacitated or no longer able to handle their affairs.
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Updated June 24, 2024

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Signing Requirements

The principal must sign in the presence of a notary public or someone authorized to take acknowledgments. In addition, the agent has the option to sign the Agent’s Certification in the presence of a notary public. (§ 15-12-105, § 15-12-302)

Laws

Definition of “Durable”

“Durable” with respect to a power of attorney means not terminated by the principal’s incapacity. (15-12-102(2))

Definition of “Power of Attorney”

“Power of attorney” means a writing or other record which grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. (15-12-102(7))

Statutory Form

The Idaho legislature has made a statutory power of attorney form available at § 15-12-301 of the Idaho Statutes.