Idaho Springing Power of Attorney Form

Yes, a power of attorney may become effective at a future date, when a future event happens, or when the principal is incapacitated.^[1]

The principal must sign (or direct another to sign) the power of attorney in front of a notary public or another officer authorized to acknowledge signatures.^[2]

“Incapacity” means the inability of an individual to manage property or business affairs because:

(A) The individual has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

(B) The individual is:

(i) missing;

(ii) detained, including incarcerated in a penal system; or

(iii) outside the United States and unable to return.^[3]