Free Idaho Non-Durable (General) Power of Attorney Form

Idaho added a sentence to the uniform text that decides what happens if a court gets involved, and it is the fact most worth knowing here. An Idaho Non-Durable (General) Power of Attorney gives an agent authority over your finances and states expressly that it ends on your incapacity. The Uniform Power of Attorney Act at chapter 12 of title 15 of the Idaho Code governs it.

Idaho covers the signing in two sentences, and both of them point at other Idaho statutes.

Who Signs It

Either you sign it, or someone you direct signs your name while you are consciously present. Section 15-12-105 covers both routes and adds a cross-reference to section 73-114 of the Idaho Code.

What the Notary Adds

Acknowledge your signature before a notary public, or another individual authorized to take acknowledgments, and it is presumed to be genuine. The same section points to section 51-109 of the Idaho Code here. As in most states adopting the uniform act, notarization earns a presumption rather than clearing a validity requirement, and no witness is called for.

The Line That Ends It

Idaho starts from durability. A document made under the chapter stays durable unless it expressly provides for termination on the principal’s incapacity, which is all section 15-12-104 says. Writing that express provision in is what makes your document non-durable.

Your power of attorney ends, unless the court says otherwise. Section 15-12-108(2) provides that where a court appoints a conservator of your estate or another fiduciary charged with managing some or all of your property, including a temporary conservator under section 15-5-407A, your agent is accountable to that fiduciary as well as to you, and the power of attorney is terminated unless the court orders otherwise.

That second limb is an Idaho addition worth understanding. Under the uniform text most states adopted, a conservatorship makes the agent answerable to the conservator but leaves the document standing. Idaho flips the default: the appointment ends the document, and continuing it takes a court order.

For a non-durable document the point is narrower but still real. Your authority was already going to close at incapacity, and a conservatorship usually arrives around the same time. Knowing that Idaho terminates rather than subordinates tells your agent to stop acting on an Idaho Non-Durable (General) Power of Attorney once an appointment is made, and to ask the court before going further.

Section 15-12-108(1) covers the other direction. In your power of attorney you may nominate a conservator of your estate for the court to consider if protective proceedings are later commenced.

The signing itself is light. Spend the time on the wording.

1. Set out your details and your agent’s, and add a successor agent.
2. Grant only the authority the job requires.
3. Write the express incapacity limit, tracking section 15-12-104.
4. Nominate a conservator for the court to consider, if you want a say in that.
5. Add an end date or the task that closes the authority.
6. Sign, or direct another individual to sign your name in your conscious presence.
7. Acknowledge the signature before a notary public to secure the presumption.

A complete Idaho Non-Durable (General) Power of Attorney carries:

• Your name and address, and your agent’s
• Any successor agent
• The authority granted, and nothing wider
• The express sentence terminating it on your incapacity
• Any conservator nomination
• A start date, plus an end date or defined task
• Your signature and a notary acknowledgment