What Is a Power of Attorney and How Does It Work in Idaho?

If you were unable to make decisions tomorrow, who would legally be allowed to step in for you?

Many people assume the answer is simple: a spouse, your adult child, or a sibling. But in Idaho, legal authority does not automatically transfer. If you want someone to act on your behalf while you are alive, you must give them that authority in writing.

Planning ahead does not mean expecting the worst. It means preparing for the ordinary realities of life. Illness happens. Travel happens. Aging happens. A Power of Attorney is one of the simplest tools Idaho law provides to make sure someone you trust can step in when needed.

What Is a Power of Attorney in Idaho?

A Power of Attorney is a written document that allows you to name someone, called your agent, to act on your behalf while you are alive. Most Powers of Attorney in Idaho are “durable,” meaning the authority continues even if you later become incapacitated.

It is important to understand that a Power of Attorney ends at death. After that point, your personal representative or trustee takes over under your will or trust.

The Two Main Types in Idaho, First: Financial Power of Attorney

A Financial Power of Attorney allows your agent to manage money and property matters. Depending on how it is written, this may include paying bills, managing accounts, handling taxes, or signing real estate documents.

If someone in Twin Falls is hospitalized unexpectedly, their agent can keep mortgage payments current and manage financial responsibilities. If a couple in Coeur d’Alene spends part of the year elsewhere, a financial agent can handle matters at home.

If the document grants authority over real estate, Idaho law requires notarization.

Second, Living Will and Durable Power of Attorney for Health Care

In Idaho, the Living Will and Durable Power of Attorney for Health Care are combined into one document. This allows you to name a health care agent and state your wishes about life-sustaining treatment.

Health care powers of attorney are written to become active when you are unable to make or communicate your own medical decisions. When that happens, your chosen agent may speak with providers and make decisions consistent with your wishes.

If someone in Sun Valley is injured and cannot communicate, their health care agent can step in. In more rural communities like Salmon or Challis, where care may involve multiple providers, having clear authority can prevent delays.

When Does a Power of Attorney Make Sense?

Powers of Attorney must be signed while you are legally competent.. They are commonly used for aging parents, for planned medical procedures, or simply as part of responsible estate planning.

Without a Power of Attorney, family members may need to seek guardianship or conservatorship through the court to gain similar authority. That process takes time and involves ongoing oversight.

Naming an agent in advance provides clarity and reduces uncertainty.

Choosing the Right Agent

Your agent should be someone you trust to make decisions the way you would make them. Some people in Nampa name one child for finances and another for medical decisions. Others prefer one trusted person for both roles. It is also wise to name successor agents, a person to act in the event that the first agent is unable or unwilling to act.

As long as you are legally competent, you may revoke a Power of Attorney at any time. 

While it is possible to revoke a power of attorney verbally, revocation is most clearly done in writing and by notifying relevant institutions.

Looking Ahead Starts With a Conversation. Contact Alan R. Harrison Law Today

If you live in Idaho Falls, Boise, or anywhere across the state and are unsure whether your documents are up to date, it may be time to review them.

At Alan R. Harrison Law, we prepare Powers of Attorney as part of our Collaborative Legal Planning Process™ so families understand how these documents actually work. We meet in person and virtually, depending on what works best for you.

A Power of Attorney is a simple document. But when thoughtfully prepared, it can make a meaningful difference for the people you care about. Reach out to us today to get started.