Power of Attorney in Idaho

Idaho has an optional Statutory Form Power of Attorney. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine, and the statutory form says notarization is required for recording and for real property. A power of attorney is durable (it survives incapacity) unless it says otherwise.

Since 2023, Idaho uses an advance care planning document. Any competent adult 18 or older may sign one; it must include the person's name, date of birth, phone number and mailing address, signature (or that of an authorized agent) and date, and it may name one or more health care agents. Witnesses and notarization are optional. The Department of Health and Welfare may provide an optional form.

Idaho has an optional "Idaho Statutory Form Power of Attorney" for finances (Idaho Code 15-12-301). A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction; the signature is presumed genuine if acknowledged before a notary public or other official authorized to take acknowledgments (15-12-105). For health care, Idaho uses an advance care planning document (ACPD) that must contain the person's name, date of birth, phone number and postal address, the person's (or an authorized agent's) signature, and the signing date; witnesses and notarization are optional, and the Department of Health and Welfare may publish an optional, non-mandatory form (Idaho Code 39-4510).