The Idaho Durable (Financial) Power Of Attorney is a type of legal document where one person (the “principal”) grants authority to act to another person (the “agent”), such as a close relative or friend. The financial powers granted through this template 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.

Medical Power of Attorney – This POA is used in the case that the principal is physically or mentally unable to make medical decisions for themselves.

Laws – § 15-12-301

How to Write

1 – The Required Documentation Should Be Downloaded Your Preferred Format

You may obtain a PDF, ODT, or Word copy of this form for your use by clicking one of the buttons on the right. Each one will link to the file type of its namesake affording a certain flexibility. Once you open this form, you may download it at your discretion. You may also print the form to fill it out if you do not have the appropriate editing program

2 – The Principal Designation Of Attorney-in-Fact

The Grantor of this document should be identified immediately in this form. Locate the first blank line, then enter the full name of the Grantor of Authority (Principal). Next, enter the County or City where the Principal resides followed by the State on the next two blank lines.  The next party to be identified will be the Grantee/Attorney-in-Fact of this Principal Power. Enter the Name of the Grantee on the blank space between “…designate” and “of…”Once the Grantee is identified, you must disclose what County or City and what State the Grantee resides in. This should be done on the next two blank spaces (in that order).

3 – The Determined Period Of Effect

The Grantor’s intent to deliver the Grantee with Principal Authority should have a defined durability. That is when is this power effective and under what conditions will it remain effective. The Principal should initial one of the statements in the “Effective Date” section. If the powers granted here will go into effect upon this form’s execution and remain so regardless of whether the Principal becomes incapacitated or disabled, the Grantor (Principal) should initial the first statement. If the powers in this are to terminate automatically when a physician has diagnosed the Principal as unable to make his or her own decisions, the Grantor should initial the second statement.

4 – The Granted Principal Authority To The Agent

This form must define precisely what powers the Principal is granting the Attorney-in-Fact. In order to succeed with this task, a list of standard types of Authority is presented under the heading “Powers of Attorney-in-Fact.” The Principal should initial the paragraphs with the Authority type and description he or she wishes to grant the Agent.

The Principal should initial the “Banking” Statement to grant such powers to the Agent.

If the Principal wants the Agent to have access to his or her Safe Deposit boxes, he or she must initial the “Safe Deposit Box” statement.

When the Principal initials the “Lending or Borrowing” statement, the Agent will be granted such powers as making loans or borrowing money in the Principal’s Name.

The Principal will grant the Agent Principal Authority in applying and receiving government benefits on behalf of the Principal, once he or she initials the “Government Benefits” statement.

The Principal’s “Retirement Plan” may be acted on by the Grantee, with Principal Power, if the Grantor initials the “Retirement Plan” statement.

If the Grantor intends for the Agent to represent him or her with Principal Powers regarding Taxes, the Grantor will need to initial the “Taxes” statement.

The Grantor will grant his or her Principal Authority to the Agent when it comes to pursuing Insurance actions by initialing the “Insurance” statement.

If the Principal wishes to grant the Agent with the ability to acquire, purchase, exchange, or the other defined actions in Real Property, he or she should initial the “Real Estate” statement.

The ability to act on behalf of the Principal with the same Authority as the Principal regarding the Grantor’s Personal Property will be given to the Agent when he or she initials the “Personal Property” statement.

The Authority to Manage the Principal’s Property will be designated to the Agent when the Principal initials the “Power to Manage Property” statement.

The Agent will be able to exert the Principal Authority by making gifts as defined in the “Gifts” statement. If the Agent should be granted such power, the Principal must initial the blank line.

The last statement, “Legal Advice and Proceedings,” gives the Agent the Principal Power to obtain and handle legal activities (such as obtaining an attorney on the Principal’s behalf). If the Agent in this form should have the abilities defined in this statement, the Grantor should initial the blank space.

A “Special Instructions” statement has been included for Principals who wish to take additional factors into consideration which should be addressed. If there are any limitations, provisions, or extensions of powers, they may be documented in this section using the blank lines. If no such instructions are to be added, write the word “None.”

5 – The Principal’s Authorizing Signature

This form will need to be Dated and Signed by the Granting Principal. The Signature Date should be reported on the blank lines in the “In Witness Whereof” statement near the end of this form. Immediately after entering the Signature Date, the Principal must Sign the blank line below this statement.

The next statement, starting with the words “We, the witnesses, each do…” should be read by the two Witnesses observing the Grantor signing. Once finished, each Witness must provide his or her Signature and Address on the spaces provided to confirm it is true.

Once these tasks have been successfully completed by the Principal and Witnesses, the attending Notary Public will notarize this document by filling in the last section of this form. 

There will be an attachment to this document, “Specimen Signature and Acceptance of Appointment.” The Attorney-in-Fact, or Agent, should enter his or her Name on the first blank line, then sign his or her Name, to signify acceptance, on the blank line provided. This, too, will have an area for a Notary Public to provide his or her seal and credentials during the notarization process.