Power of Attorney in Idaho
Have you ever wondered who would take care of your finances or make decisions for you if you become unable to do so for yourself? Don’t worry about leaving it up to whoever the law says has this right. Look into securing a power of attorney. This legal document allows you to prepare for any situation where you may need someone else to make decisions for you. With the help of an attorney in Idaho, you can easily set one up and get peace of mind today.
What Is a Power of Attorney?
The American Bar Association defines power of attorney as a document that gives the power to act on your behalf as a legal agent. This authority may either be temporary, or permanent. The result is that your designated agent can manage your affairs without your written approval.
Why Would You Need a Power of Attorney?
One of the reasons why you may pursue a POA is for convenience. For example, you may rather have someone manage your assets without securing your approval each time. Any Idaho POA can circumvent checks and balances, and allow someone to act on your behalf.
Another reason is when you are not able to make legally sound decisions. A POA provides you with security that a person of your choosing can do so for you. This arrangement is common for senior citizens. It also happens with people with severe physical or mental conditions that prevent them from making informed decisions.
Types of Power of Attorney
Not every POA grants the same powers to your agent. You can choose from different POAs to cater to what best suits your situation.
General Power of Attorney
A general POA grants an array of powers to the agent. This can include:
- The ability to handle your financial matters and accounts
- Power to manage your insurance needs
- The ability to operate your business
- The ability to make business decisions on your behalf
- Power to hire or fire employees
- The ability to settle claims against you
- The ability to change your estate plan.
You may use this type of POA if you will be away for an extended period and need legal representation in Idaho to handle your affairs. This legal arrangement may happen during your absence. Or, it may occur in a situation where you cannot make the decisions on your own due to an illness or injury.
Special Power of Attorney
A special POA is more specific. You have the power to sign off on distinct powers granted to your agent. If you only want someone to sign off on real estate deals, for example, a limited power of attorney would be proper. You may use a special POA when you don’t have the time to deal with specific affairs due to time or health constraints.
Idaho’s Uniform Power of Attorney Act allows the principal to create a special power of attorney. Specifically, you can designate areas of authority that include real property, claims & litigation, the operation of a business, and stocks & bonds. Additionally, you can explicitly give authority for specific acts, such as creating or changing a beneficiary designation, or making a gift without limitations. Furthermore, you can give additional special instructions that aren’t already outlined in the Idaho statutory form.
Health Care Power of Attorney
This type of POA grants your agent the right to make all medical decisions on your behalf. It comes in handy when you are not conscious or are otherwise unable to make decisions regarding your health care. While state laws can differ, your POA could have the ability to make serious decisions, like ending life support.
You may use a health care POA if you are elderly or sick. You might find yourself in a situation where you can’t make decisions on your own. Power of attorney can transfer to your child or someone you trust so that care can continue in your best interests.
Durable Power of Attorney
A durable power of attorney enables the agent to control specified functions. DPOAs are useful if you anticipate losing your mental faculties, such as after an Alzheimer’s diagnosis. In essence, it acts as a preventative safeguard.
Under Idaho statute, a power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal. To be valid in Idaho, the durable power of attorney must satisfy the following:
- The power of attorney must be signed by the principal or by another directed to do so by the principal
- The signature must be notarized
Additionally, Idaho Legal Aid Services reports that you can only create a power of attorney when you are of sound mind or in a lucid interval.
Choosing an Agent
The person you choose as an agent should be someone you trust. Often, people choose a family member. Your family members usually have your best interests in mind and are close to you. However, you can select any individual to be your POA. Keep in mind that whoever you choose will be in charge of managing your affairs and should be someone you trust to honor your wishes.
Appointing Multiple Agents
As principal, in Idaho you have the right to appoint multiple agents. You decide whether these agents act together or make separate decisions. Having two or more agents establishes a system of checks and balances. This procedure keeps one agent from making too rash of a judgment. However, it can also lead to discrepancies that can cause delays.
At the very least, it is crucial to have a backup POA should something happen to your primary. A successor agent can take control once the primary agent either passes away or cannot carry out the duties of an agent.
Revoking a Power of Attorney in Idaho
You can revoke your power of attorney at any time, provided you are of sound mind. To do so, you must put the revocation in writing and file it with the same office in that processed your original POA paperwork.
In some cases, another party may attempt to revoke your POA, but this is a more complicated legal process. They would need to provide strong evidence in court showing that the agent has acted in a way that jeopardizes your interests.
To revoke a power of attorney in Idaho, you must fully execute a Revocation of a Power of Attorney Form (RPOA). You must sign and notarize the RPOA and deliver it to everyone who has a copy of the original power of attorney. Keep in mind, that the power of attorney can also be terminated by:
- The death of the principal
- The termination event in the power of attorney occurs
- The purpose of the power of attorney is fully accomplished
- A principal’s divorce is final and the spouse is the agent
Using a POA to Protect Your Interests
You can insert provisions into your agreement that force your agent to report to an outside party. For example, a family accountant or a designated medical doctor could fill this role. This arrangement adds another layer of security and guarantees that another party can review decisions.
Under Idaho law, a principal creating a power of attorney may nominate a conservator of the principal’s estate for consideration by the court. A court can then appoint a conservator or other fiduciary charged with the management of some or all of the principal’s property. In this case, the agent of the power of attorney is accountable to the fiduciary as well as the principal.
Do I Need a Lawyer to File POA in Idaho?
It is wise to consult with an attorney who specializes in Idaho trust or estate issues. POA paperwork can be complex, so having a dedicated Idaho legal professional can be helpful. A lawyer can also help you add provisions that safeguard your interests when you cannot look out for yourself.
Work with an Experienced Local Lawyer in Idaho
If you want to create a power of attorney, you should begin by speaking with an attorney. We can match you with an experienced Idaho who can help you navigate your POA. We can even help you connect with an attorney across Idaho state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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