Idaho General Durable Power of Attorney for Property & Finances (Upon Disability)

Idaho General Durable Power of Attorney
for Property & Finances (Upon Disability)

PACKET GUIDE — NOT PART OF THE STATUTORY FORM — DO NOT RECORD

Idaho Statutory Form Power of Attorney

Upon Disability (Springing)

Idaho Uniform Power of Attorney Act, Idaho Code chapter 15-12

This packet builds on the Idaho statutory form power of attorney (Idaho Code section 15-12-301) under the Uniform Power of Attorney Act (Idaho Code chapter 15-12, effective July 1, 2008). The statutory form follows this guide. Read this guide, then remove it before signing and before recording: it is not part of the power of attorney.

A document "substantially" in the statutory form creates a power of attorney with the meaning and effect chapter 15-12 prescribes (Idaho Code § 15-12-301). This packet uses the statutory form with clearly labeled optional additions, each of which is described in this guide. Documented variances: paired signature/date caption lines are re-set as stacked lines so the fillable PDF fields do not overlap, and a governing-law line is added (Idaho Code § 15-12-107).

Which version you purchased — Upon Disability (springing)

This instrument becomes effective ONLY UPON YOUR INCAPACITY. The first Special Instruction is pre-printed to say so, and it is part of this instrument: your signature adopts it. Do not delete that line. Use the remaining lines for any other instructions.

Under Idaho Code § 15-12-102(5), "incapacitated" means you cannot manage your property or affairs because of an impairment, OR because you are missing, detained (including incarcerated), or outside the United States and unable to return.

Who decides you are incapacitated: if you complete the optional DESIGNATION OF PERSON TO DETERMINE INCAPACITY block, that person's written determination controls. If you leave it blank (or the person cannot or will not act), a written determination by a physician or licensed psychologist (impairment standard), or by a licensed attorney, judge, or appropriate governmental official, makes the power effective (Idaho Code § 15-12-109(3)). The person you name may access your health-care information for this purpose (§ 15-12-109(4)). Prefer someone other than your agent.

How to sign (the execution ceremony)

Sign in the physical presence of a notary public (or another individual authorized to take acknowledgments). NO witnesses are required. An acknowledged signature is presumed genuine (Idaho Code § 15-12-105), and acknowledgment is what makes the instrument recordable for real-estate use (§ 55-805(1)) — the form's notary block carries the caption "REQUIRED FOR RECORDING AND FOR REAL PROPERTY." Sign in ink; initial the power lines in ink. Idaho also authorizes remote online notarization (§ 51-114A); if you use it, follow your notary's process.

The statutory SIGNATURE AND ACKNOWLEDGMENT section has TWO options. Nearly everyone uses OPTION ONE (you sign your own name). OPTION TWO is the statutory form's track for a principal who cannot sign: at your direction the NOTARY signs for you, and the person directing and a witness are named on the Option Two lines. (Idaho's current notary law separately allows you to direct someone OTHER than the notary to sign, with a "Signature affixed by (name) at the direction of (name)" legend — § 51-109 — and a witnessed mark counts as a signature — § 73-114(1)(g).) Use only one option; leave the other blank.

You may sign outside Idaho: the instrument remains valid if it complied with Idaho law or the law of the place of execution (Idaho Code § 15-12-106(3)), and the "State of Idaho, county of" venue lines should be completed with the place you actually sign. A photocopy or electronic copy of the signed original has the same effect as the original (§ 15-12-106(4)). The governing-law line keeps Idaho law in control of meaning and effect (§ 15-12-107). A military power of attorney under 10 U.S.C. § 1044b is valid in Idaho (§ 15-12-106(3)(b)); this product is not one.

Choosing powers — initial to include

INITIAL each subject you want to include in the GRANT OF GENERAL AUTHORITY. To grant all thirteen subjects at once, initial ONLY "All Preceding Subjects" — do not also initial the individual lines. A line you do not initial is NOT granted. The GRANT OF SPECIFIC AUTHORITY powers (trusts, gifts, survivorship rights, beneficiary designations, delegation, annuity waivers, fiduciary powers) can significantly reduce your property or change how it is distributed at your death — initial only the ones you intend.

Idaho's form has TWO gift lines. The FIRST ("Make a gift, subject to the limitations of the uniform power of attorney act…") is capped at the annual federal gift-tax exclusion per recipient (Idaho Code §§ 15-12-201(4), 15-12-217) — the safer, commonly used choice. The SECOND ("Make a gift without limitations…") is uncapped and can expose your estate to gift-tax and eligibility consequences — initial it only on professional advice. NEVER initial both: when grants overlap, the broadest authority controls (§ 15-12-201(5)), so initialing both is an unlimited grant. An agent who is not your ancestor, spouse, or descendant may not use your property for the agent's own benefit unless you allow it in the Special Instructions (§ 15-12-201(2)).

Cross out any Special Instruction lines you do not use so no one can write in them later. If you name coagents in the Special Instructions, they may act independently of each other unless you require them to act together (Idaho Code § 15-12-111(1)).

Optional additional provisions (labeled elections)

Four elections appear after RELIANCE. A line left blank keeps the statutory default: (i) DIGITAL ASSETS — initialing expressly grants your agent authority over your digital assets, including the CONTENT of electronic communications (Idaho Code §§ 15-14-109 and 15-14-110; the general grant alone reaches only the catalog of communications and non-content assets). An online tool you configure with a provider overrides this document (§ 15-14-104). (ii) REVOKE EARLIER POWERS — signing a new power of attorney does NOT revoke earlier ones (§ 15-12-110(6)); initialing revokes your earlier property/financial powers of attorney, but never a health-care document. (iii) NO COMPENSATION — by default your agent is entitled to reasonable compensation (§ 15-12-112); initialing removes compensation but keeps expense reimbursement. (iv) DIVORCE-FILING CONTINUATION — if your agent is your spouse, filing for dissolution, annulment, or legal separation automatically ends the agent's authority (§ 15-12-110(2)(c)); initialing keeps it in place despite a filing.

If the agent will deal with real estate: recording and community property

Idaho has no statewide mandate to record a power of attorney, but any instrument affecting title to or possession of real property MAY be recorded (Idaho Code § 55-801), and recording is standard practice before your agent signs a deed or mortgage — title companies and county recorders will expect it. Acknowledgment is what makes an instrument recordable (§ 55-805(1)); an instrument is recorded when, being duly acknowledged, it is deposited with the county recorder of the county where the land lies (§ 55-809). There is no statewide margin or cover-sheet statute, but county recorders have local formatting practices (for example, Bonner County publishes a 3-inch first-page top-margin rule and Ada County requires dark blue or black ink) — check the county recorder before you deliver the document. Recording fees are set by § 31-3205. Remove this guide before recording, and record any later revocation the same way.

Married and dealing with Idaho real estate? Community real estate generally may not be sold, conveyed, or encumbered unless BOTH spouses join (Idaho Code § 32-912). Naming your spouse as agent under an express power of attorney can satisfy that rule; an agent who is not your spouse does NOT replace your spouse's joinder.

Banks and others must accept this power of attorney

A person presented with this acknowledged power of attorney generally must accept it. Within seven business days they must accept it or request an agent's certification, a translation, or an opinion of counsel, and within five business days after receiving it they must accept (Idaho Code §§ 15-12-119 and 15-12-120). They may not require a different or additional form of power of attorney. A person who refuses improperly can be ordered to accept and can owe damages and attorney's fees. Limited exceptions exist — for example, actual knowledge of termination or a good-faith belief the power is invalid.

The Agent's Certification — optional, use when asked

The AGENT'S CERTIFICATION (Idaho Code § 15-12-302) is the last page of the instrument, with one spare blank copy after it. It is OPTIONAL: your agent accepts the appointment simply by acting (§ 15-12-113) and does NOT need the certification to have authority. Third parties may, however, request a certification under penalty of perjury (§ 15-12-119(4)(a)), and digital-asset custodians require one (§§ 15-14-109(3), 15-14-110(3)) — that is when the agent signs one, before a notary. Each person who acts as agent (including a successor) may need a separate signed certification; that is why the spare is included. The agent does not sign it at your execution ceremony.

Your agent's duties

Accepting this power creates a fiduciary relationship (Idaho Code § 15-12-114): the agent must do what you reasonably expect or act in your best interest, act in good faith, stay within the authority granted, act loyally and with care, keep records of receipts and transactions, cooperate with your health-care decision-maker, and try to preserve your estate plan. The agent signs as "(Your name) by (agent's signature) as agent." Violations can make the agent liable to restore losses and pay attorney's fees (§ 15-12-117). An agent resigns by written notice (§ 15-12-118).

Nomination of conservator — and the Idaho rule you must know

The optional NOMINATION OF CONSERVATOR section tells the court whom you want the court to PREFER if protective proceedings for your estate are ever commenced (Idaho Code § 15-12-108(1)). But Idaho is different from most states: if a court later appoints a conservator (or another fiduciary for your property, including a temporary conservator), THIS POWER OF ATTORNEY IS TERMINATED unless the court orders otherwise, and your agent becomes accountable to the fiduciary as well as to you (§ 15-12-108(2)). Only the court can keep the power of attorney alive — a nomination or instruction in this document cannot override that.

Health-care decisions are separate

This power of attorney does not authorize health-care decisions. Idaho health-care decisions use a durable power of attorney for health care and living will under chapter 45, title 39, Idaho Code (the Medical Consent and Natural Death Act).

Revocation, termination, and copies

Revoke in writing while you have capacity; deliver the revocation to your agent and to every institution holding the power of attorney, and record it if the instrument was recorded. This power of attorney ends at your death, on revocation, on a stated termination event, when its purpose is accomplished, or when no agent or successor can serve (Idaho Code § 15-12-110).

Statutory references

Idaho Code chapter 15-12 (Uniform Power of Attorney Act): §§ 15-12-102, -104, -105, -106, -107, -108, -109, -110, -111, -112, -113, -114, -117, -118, -119, -120, -201, -217, -301, -302. Idaho Code chapter 15-14 (Revised Uniform Fiduciary Access to Digital Assets Act): §§ 15-14-104, -109, -110. Idaho Code §§ 55-801, 55-805, 55-809 and 31-3205 (recording); § 32-912 (community property); §§ 51-109 and 51-114A (notaries); § 73-114(1)(g) (signature by mark). Official text: legislature.idaho.gov (Idaho Code, title 15, chapter 12).

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IDAHO STATUTORY FORM POWER OF ATTORNEY

IMPORTANT INFORMATION

This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent can make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the uniform power of attorney act, chapter 12, title 15, Idaho Code.

This power of attorney does not authorize the agent to make health care decisions for you.

You should select someone you trust to serve as your agent. The agent's authority will continue until your death unless you revoke the power of attorney or the agent resigns.

Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.

This form provides for designation of one (1) agent. If you wish to name more than one (1) agent, you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.

If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.

This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.

If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.

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DESIGNATION OF AGENT

I, ______________________________________________, name the following person

(Name of Principal)

as my agent:

_____________________________________________________

Name of Agent:

_____________________________________________________

Agent's Address:

_____________________________________________________

Agent's Phone Number:

DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent is unable or unwilling to act for me, I name as my successor agent:

_____________________________________________________

Name of Successor Agent:

_____________________________________________________

Successor Agent's Address:

_____________________________________________________

Successor Agent's Phone Number:

If my successor agent is unable or unwilling to act for me, I name as my second successor agent:

_____________________________________________________

Name of Second Successor Agent:

_____________________________________________________

Second Successor Agent's Address:

_____________________________________________________

Second Successor Agent's Phone Number:

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GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the uniform power of attorney act, chapter 12, title 15, Idaho Code:

(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)

(_____) Real Property

(_____) Tangible Personal Property

(_____) Stocks and Bonds

(_____) Commodities and Options

(_____) Banks and Other Financial Institutions

(_____) Operation of an Entity or Business

(_____) Insurance and Annuities

(_____) Estates, Trusts, and Other Beneficial Interests

(_____) Claims and Litigation

(_____) Personal and Family Maintenance

(_____) Benefits from Governmental Programs or Civil or Military Service

(_____) Retirement Plans

(_____) Taxes

(_____) All Preceding Subjects

GRANT OF SPECIFIC AUTHORITY (OPTIONAL)

My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)

(_____) Create, amend, revoke, or terminate an inter vivos trust

(_____) Make a gift, subject to the limitations of the uniform power of attorney act, chapter 12, title 15, Idaho Code, and any special instructions in this power of attorney

(_____) Make a gift without limitations except any special instructions in this power of attorney

(_____) Create or change rights of survivorship

(_____) Create or change a beneficiary designation

(_____) Authorize another person to exercise the authority granted under this power of attorney

(_____) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

(_____) Exercise fiduciary powers that the principal has authority to delegate

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

This product is the "Upon Disability" version. The first Special Instruction below is pre-printed and is part of this instrument — your signature adopts it. Use the remaining lines for any additional instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

On the following lines you may give special instructions:

This power of attorney becomes effective upon my incapacity, determined as provided in section 15-12-109, Idaho Code.

_____________________________________________________

_____________________________________________________

_____________________________________________________

_____________________________________________________

[OPTIONAL ADDITION BELOW — not part of the enacted statutory form]

DESIGNATION OF PERSON TO DETERMINE INCAPACITY (OPTIONAL)

(Complete this block only because this instrument becomes effective upon your incapacity. If you leave it blank, or if the person you name is unable or unwilling to act, your incapacity is determined in a writing or other record by a physician or licensed psychologist, or by a licensed attorney, judge, or appropriate governmental official, as provided in section 15-12-109(3), Idaho Code. Consider naming someone other than your agent.)

I authorize the following person to determine in a writing or other record that I am incapacitated (section 15-12-109(2), Idaho Code):

_____________________________________________________

Name:

_____________________________________________________

Address:

_____________________________________________________

Telephone Number:

The person designated above may act as my personal representative under the Health Insurance Portability and Accountability Act to obtain access to my health-care information and to communicate with my health-care providers for the purpose of making that determination (section 15-12-109(4), Idaho Code).

EFFECTIVE DATE

This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.

NOMINATION OF CONSERVATOR (OPTIONAL)

If it becomes necessary for a court to appoint a conservator of my estate, I nominate the following person(s) for appointment:

_____________________________________________________

Name of Nominee for conservator of my estate:

_____________________________________________________

Nominee's Address:

_____________________________________________________

Nominee's Phone Number:

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it is terminated or invalid.

[OPTIONAL ADDITION — not part of the enacted statutory form] Governing Law: This power of attorney is governed by chapter 12, title 15, Idaho Code (section 15-12-107).

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OPTIONAL ADDITIONAL PROVISIONS

[The four elections below are additions offered with this packet and are not part of the enacted statutory form. INITIAL only the elections you want. A line left blank keeps the statutory default.]

(_____) Digital assets. I expressly grant my agent authority over my digital assets, including the content of electronic communications sent or received by me, as provided in sections 15-14-109 and 15-14-110, Idaho Code. (An online tool you configure with a provider overrides this grant — section 15-14-104, Idaho Code.)

(_____) Revocation of earlier powers of attorney. I revoke all powers of attorney for property and finances that I previously executed. This does NOT revoke a durable power of attorney for health care, a living will, or any other health-care document under chapter 45, title 39, Idaho Code. (Without this election, signing this document does not revoke your earlier powers of attorney — section 15-12-110(6), Idaho Code.)

(_____) No compensation for agent. My agent shall not be entitled to compensation. My agent remains entitled to reimbursement of expenses reasonably incurred on my behalf. (Without this election, your agent is entitled to reasonable compensation — section 15-12-112, Idaho Code.)

(_____) Continuation despite divorce or separation filing. If my agent is my spouse, my agent's authority shall CONTINUE even if an action is filed for the dissolution or annulment of our marriage or for our legal separation. (Without this election, such a filing automatically terminates a spouse-agent's authority — section 15-12-110(2)(c), Idaho Code.)

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SIGNATURE AND ACKNOWLEDGMENT

(OPTION ONE – IF YOU ARE ABLE TO SIGN ON YOUR OWN)

_____________________________________________________

Your Signature:

_____________________________________________________

Date:

_____________________________________________________

Your Name Printed:

_____________________________________________________

Your Address:

_____________________________________________________

Your Phone Number:

NOTARY – REQUIRED FOR RECORDING AND FOR REAL PROPERTY

State of Idaho, county of ____________________, ss.

On this __________ day of ____________________, in the year of __________, before me ____________________________________

(here insert the name and quality of the officer)

personally appeared ______________________________________________, known or identified to me (or proved to me on the oath of ____________________), to be the person whose name is subscribed to the within instrument, and acknowledged to me that he (or they) executed the same.

_____________________________________________________

Signature of Notary Public:

_____________________________________________________

(Seal) Printed Name of Notary:

_____________________________________________________

My commission expires:

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(OPTION TWO – IF YOU ARE UNABLE TO SIGN ON YOUR OWN AND DIRECT THE NOTARY TO SIGN FOR YOU)

Signature of person by notary: __________________________________

Signature affixed by notary in the presence of __________________________________________________

(names of person and witness)

State of Idaho )

) ss.

County of ________________ )

On this __________ day of ____________________, in the year __________, before me ____________________________________

(here insert the name and quality of the officer)

personally appeared ______________________________________________, known or identified to me (or proved to me on the oath of ____________________) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same by directing the undersigned notary to affix his signature thereto.

_____________________________________________________

Signature of Notary Public:

_____________________________________________________

(Seal) Printed Name of Notary:

_____________________________________________________

My commission expires:

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IMPORTANT INFORMATION FOR AGENT

Agent's Duties

When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must:

(1) Do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;

(2) Act in good faith;

(3) Do nothing beyond the authority granted in this power of attorney; and

(4) Disclose your identity as an agent whenever you act for the principal by signing the name of the principal and signing your own name as "agent" in the following manner:

(Principal's Name) by (Your Signature) as agent

Unless the Special Instructions in this power of attorney state otherwise, you must also:

(1) Act loyally for the principal's benefit;

(2) Avoid conflicts that would impair your ability to act in the principal's best interest;

(3) Act with care, competence and diligence;

(4) Keep a record of all receipts, disbursements, and transactions conducted for the principal;

(5) Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and

(6) Attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) A legal action is filed with a court to end your marriage to the principal, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the act. If you violate the act or act outside the authority granted, you may be liable for any damages caused by your violation.

IF THERE IS ANYTHING ABOUT THIS DOCUMENT OR YOUR DUTIES THAT YOU DO NOT UNDERSTAND, YOU SHOULD SEEK LEGAL ADVICE.

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AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

State of Idaho )

) ss.

County of ____________________ )

I, _______________________________ (Name of Agent), certify under penalty of perjury that

_____________________________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a Power of Attorney dated _______________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and that the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, that the prior agent is no longer able or willing to serve; and

(4) (Insert other relevant statements):

_____________________________________________________

_____________________________________________________

_____________________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date:

_____________________________________________________

Agent's Name Printed:

_____________________________________________________

Agent's Address:

_____________________________________________________

Agent's Phone Number:

This document was acknowledged before me on ____________________ (date), by ________________________________ (Name of Agent).

_____________________________________________________

Notary Public for Idaho:

_____________________________________________________

Residing at:

_____________________________________________________

My commission expires on:

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AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY

SPARE COPY — USE FOR A SUCCESSOR OR ADDITIONAL ACTING AGENT

State of Idaho )

) ss.

County of ____________________ )

I, _______________________________ (Name of Agent), certify under penalty of perjury that

_____________________________________________________

(Name of Principal)

granted me authority as an agent or successor agent in a Power of Attorney dated _______________________.

I further certify that to my knowledge:

(1) The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and that the Power of Attorney and my authority to act under the Power of Attorney have not terminated;

(2) If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;

(3) If I was named as a successor agent, that the prior agent is no longer able or willing to serve; and

(4) (Insert other relevant statements):

_____________________________________________________

_____________________________________________________

_____________________________________________________

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date:

_____________________________________________________

Agent's Name Printed:

_____________________________________________________

Agent's Address:

_____________________________________________________

Agent's Phone Number:

This document was acknowledged before me on ____________________ (date), by ________________________________ (Name of Agent).

_____________________________________________________

Notary Public for Idaho:

_____________________________________________________

Residing at:

_____________________________________________________

My commission expires on: