Updated August 11, 2023
An Idaho durable statutory power of attorney is a type of legal document where one person (the “principal”) grants financial authority to another person (the “agent”), such as a close relative or friend. The financial powers granted through a power of attorney can be as broad or as limited as the principal desires. This delegation of power becomes effective immediately upon its execution. This will allow your agent to start acting on your behalf as per the preferences defined by the principal here. Of course, if the principal has decided upon a different date when the Agent will be granted this authority, this date may also be defined. This form is “durable” in that it will continue even if the principal is deemed incapacitated.
Table of Contents |
Laws
Title 15, Chapter 12 (Uniform Power of Attorney Act)
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))
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)
Statutory Form
The Idaho legislature has made a statutory power of attorney form available at § 15-12-301 of the Idaho Statutes.
How to Write
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Designation Of Agent
(1) Name Of Principal. The name of the Private Party intent on authorizing an Agent to act on his or her behalf is considered the Idaho Principal behind this document.
(2) Name Of Agent. One Agent must be named as the recipient of the principal powers being deligated. He or she will be able to represent the Principal in the State of Idaho in the matters this document authorizes.
(3) Agent Contact Information. The complete address and the current phone number used to find and identify the Idaho Agent must be included with this declaration.
Designation Of Successor Agent
(4) Name Of Successor Agent. Sometimes an Agent (otherwise known as an Attorney-in-Fact in this document) may become unable to perform his or her duties at times when the Principal is reliant upon him or her for representation. For instance, a scenario where the Agent is incapacitated or otherwise unable to carry out principal directives while the Principal is in a period of extended travel can severely impact the Principal’s life. A Successor Agent will be able to immediately step in during such a scenario only if he or she has been given the approval to act as the Principal’s Agent during such an occurrence. In fact, unless indicated in a special instruction section, the Successor Agent named here can take over the role of Agent when the original Agent is unwilling to represent the Principal, cannot perform his or her function, or has had his or her powers revoked.
(5) Successor Agent Contact Information. Make sure the Successor Agent can be immediately reached by supplying his or her address and phone number.
(6) Name Of Second Successor Agent. An additional precaution can be taken in case both the Idaho Agent and Successor Agent are unable or unwilling to function in the role assigned by the Principal. A Second Successor Agent who will be able to assume the authority the Principal delivered through this document can take over the role of Agent should both previous Parties fail to satisfy this designation so long as the identity of the Second Successor Agent is presented in this paperwork.
(7) Second Successor Agent Contact Information.
Grant Of General Authority
(8) General Power Selection. There are quite a few areas or subjects that a Principal in Idaho may designate an Agent with the representational authority necessary to carry out his or her directives. If the Principal does not wish to approve an Agent with authority over all subjects in his or her life then a list can be utilized to present what areas principal powers will be within the Agent’s abilities. All items, except for the last one, in the list presented can act as a declaration that the Principal is granting the authority defined to the Agent but only if the Principal initials that item or subject. One or more powers can be delivered to the Agent in this manner without granting full authority over all matters.
(9) Authorizing Full Power. The Principal can initial the last item on this list if he or she intends to grant the Agent the maximum representational powers allowed by the State of Idaho. If this option is engaged, then no other previously listed item of power on this list may be selected.
Grant Of Specific Authority
(10) Specific Authority. Some actions that the Principal may expect the Agent to carry out on his or her behalf require direct authorization from the Idaho Principal. Such authorization can be satisfied through the act of initialing every statement defining what the Principal grants the Agent the power to do on his or her behalf. All statements defining specific actions can have a profound effect on the Principal’s life thus, the State of Idaho will require additional authorization through the Principal’s initials. This means that any statement of action not initialed by the Principal will be assumed to be outside the Agent’s approved principal power.
Special Instructions
(11) Principal Directives. Additional provisions or instructions can be included with this designation of power to the Agent so long as such provisions are present at the time of the Principal’s signing. For instance, the Principal can appoint Co-Agents with power and define how they interact when carrying his or her directives, set specific start and termination dates to one or more powers, set limitations or even restrictions, and a host of other preferences by recording directly onto this appointment paperwork or by placing them in a well-titled document and making sure such a document is physically attached to this template and named as containing special instructions.
Nomination Of Conservator
(12) Name Of Nominee. This template provides the ability to nominate or suggest that a specific predetermined Party be selected as the Principal’s Conservator should the courts determine if necessary. Be advised that the Idaho Court System will name whoever is deemed appropriate for this role but will, in most cases, take a direct nomination from the Principal seriously.
(13) Nominee’s Contact Information.
Signature Acknowledgement
(14) Principal Signature. Naturally, due to the potential impact of the Agent’s use of principal power, proof of the Idaho Principal’s intention to designate the Agent with the authorization defined in this template must be submitted. The Principal will need to personally sign this document before and Idaho Notary Public to execute his or her wishes correctly.
(15) Date. The exact calendar month, day, and year when the Principal signs his or her name above should be documented.
(16) Principal Printed Name.
(17) Principal Contact Information.
Notary
(22) Notary Public. As mentioned earlier, future Reviewers will likely wish verification of the Principal’s signature. This can easily be provided with the aid of an Idaho Notary Public. This should be considered mandatory especially where real property is involved. The Notary Public will authenticate the Idaho Principal’s signature of execution by notarizing the document using the space reserved for this process.
Signature By Proxy Option
(19) Notary Signature. If the Principal is unable to sign this document physically (i.e., he or she suffers from a physical ailment affecting motor coordination) then the Notary Public, under the direction of the Principal and before a Signature Witness may sign this document to effect.
(20) Witness Signature. The Witness who has seen the Principal oversee the Notary’s Proxy Signature must testify to this fact with his or her own signature.
(21) Principal And Witness Names.
(22) Idaho Notarization. Once all the signatures have been complete and the Witness and Principal (or Party Present) are properly identified, the Notary Public will proceed with the notarization process making use of the final sections to do so.
Idaho Agent Certification
(23) Idaho County. A statement from the Agent verifying the Principal’s execution should be included with the appointment of power that has been completed. Begin this document with the name of the Idaho Country where the Agent’s statement is being made.
(24) Name Of Agent.
(25) Name Of Principal.
(26) Date Of Power Appointment. The document date for the Idaho power document this Agent’s statement concerns must be dispensed.
(27) Comments From The Agent. The standard declarations made by this certification will enforce the Principal’s delegation of authority as authentic however if the Agent wishes to add more to these statements an area has been provided for his or her use.
(28) Agent’s Signature. The signature of the Agent must be provided to the completed testimony.
(29) Signature Date.
(30) Agent’s Printed Name.
(31) Contact Information. The Agent should further define his or her identity by presenting his or her printed name, residential address, and current telephone number. Once the Agent has completed these signing requirements the Notary Public should take control of this document.
(32) Notary. The Notary Public must use the area set aside for the notarization process to authenticate the Agent’s execution of this statement.
Related Forms
Download: PDF, MS Word, OpenDocument
Download: PDF, MS Word, OpenDocument