Design and create a comprehensive Idaho Power of Attorney (POA) that is tailored to your needs and state’s requirements. Get the help of step-by-step guidance and expert customizable forms.
Last Update May 17th, 2023
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- Types of Power of Attorney in Idaho
- How to Get a Power of Attorney in Idaho
- Idaho Power of Attorney Requirements
- Idaho Power of Attorney Sample
- FAQs About Idaho Power of Attorney Forms
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Types of Power of Attorney in Idaho
There are many types of POA that can be used in Idaho to appoint an Agent to make decisions and to manage essential financial and/or medical responsibilities for a principal.
The most common types available in Idaho include the following examples:
Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated. In Idaho, statutory forms are automatically durable (§ 15-12-301).
General: AGeneral Power of Attorney form permits an Attorney-in-Fact to perform a number of financial and legal tasks for their Principal. General POAs can operate over a long period of time, although they cease to be effective if the appointing authority becomes incapacitated.
Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney (also known as an Advance Directive) is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle: A Vehicle POA (or DMV Power of Attorney) that gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Idaho’s tax office.
How to Get a Power of Attorney in Idaho
An Idaho Power of Attorney can be filled-in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for Vehicle POAs can be obtained directly from an Idaho DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Idaho Power of Attorney Requirements
In order to make sure your POA is fully valid upon completion and signing, you must make sure that you follow the right steps to prepare your Idaho Power of Attorney document before successfully putting it into action.
To do this you will need to meet the following criteria:
Make sure all the details on the form are correct such as names, addresses, dates, and the powers that are to be granted.
The completed form should be signed by both the Agent and Principal.
A notary public must also be present at the signing and must sign the document too. (§ 15-12-105)
In the event that the POA will be used to manage real estate, the document must be filed with the clerk of the county where the property is located after signing.
A notary public must also be present at the signing to notarize the document.
In addition to these steps, it is crucial that all the signing parties are legally able to enter into this agreement. This means that they must:
Be over 18 years of age.
Be mentally competent enough to enter into a contractual agreement.
Understand the powers that are being granted.
Lastly, the Agent must be a legal adult or a financial institution with trust powers, a registered place of business within the state and that has the authority to carry out trust business in Idaho. They should also be someone that the Principal has full confidence in.
Idaho Power of Attorney Sample
Creating and putting a Power of Attorney into action in Idaho is a major commitment. It can help to explore an example template first to get a clear idea of what information should be found in your completed document.
Our sample Idaho Power of Attorney below can help you understand the details included in this legal arrangement a little better.
FAQs About Idaho Power of Attorney Forms
It is important to have a good understanding of what Idaho Power of Attorney forms can do before filling in your own.
Read through our FAQs below to get a better idea of the key information needed, as well as any other special considerations.
What Are Some Uses of a Power of Attorney?
An Idaho Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.
These responsibilities include:
Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you, such as buying or selling property
How to Revoke a Power of Attorney in Idaho?
If a Principal wishes to revokean Idaho Power of Attorney, they can do so themselves at any time. They must inform the Agent in writing of their intention to terminate the POA. Alternatively, this can be done by filling in a revocation form.
Principals should also contact any people or institutions who hold certified copies of the document and tell them it has been revoked.
However, if you wish to remove an Attorney-in-Fact’s powers after a Principal has become incapacitated, the process is a little trickier. You may instead need to take the matter to court, where a judge can appoint conservatorship to a trustworthy party.
Who Should Be Your Idaho POA Agent?
When choosing the right Agent for your Idaho POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know will take the actions that serve these interests best.