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)
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.