Planning for the future isn’t just a legal task; it’s an act of care. That’s why, as part of the Collaborative Legal Planning Process™, we help you name trusted individuals—called your agents, who can make decisions on your behalf if you're unable to. Powers of Attorney are the tools that give those people the legal authority to act when it matters most. These documents are often included in our estate planning packages, but we also regularly help clients update or establish powers of attorney separately.
These documents allow someone you trust to step into your shoes and make decisions when you're unable to communicate or act for yourself—whether temporarily or permanently.
A healthcare power of attorney gives your chosen agent the ability to make medical decisions if you’re injured or ill and can’t communicate your wishes. Paired with a HIPAA release, it ensures your loved ones can access your medical records, speak with doctors, and coordinate care.
For example, if you're in a farming accident near Rupert or have a skiing injury in Sun Valley, your healthcare agent can speak directly with medical professionals to make decisions in your best interest—even if you're being airlifted to a larger hospital hours away. And in more rural towns like Arco or Preston, where hospital access may be limited, it helps streamline coordination across different providers.
A financial power of attorney authorizes someone to manage your money, pay bills, handle property, and make other financial decisions on your behalf.
Let’s say a retired teacher in Moscow has early-stage dementia and wants her son in Nampa to help manage her finances as her condition progresses. A financial power of attorney gives her son the legal ability to pay her bills, manage retirement income, and make property decisions when she can’t do so herself.
You can name the same person for both roles, or choose different agents depending on your family dynamics. For example, someone living in Lewiston might name her brother—an EMT in Coeur d’Alene—to make healthcare decisions, but choose her daughter in Boise to handle banking and property matters.
We help you think through who in your life is best suited for each responsibility—and how to talk with them about what you want.
While guardianship is about personal and medical choices, conservatorship gives you the legal ability to manage someone’s money, property, and financial affairs. For example, you might need a conservatorship if:
Not everyone who needs a guardian also needs a conservator—and vice versa. We help you figure out what protections are truly necessary, and we prepare every legal document the court will need.
Our team makes sure the financial side of care stays secure—without surprises down the road.
Many law firms handle forms, filings and the hearing. We go further. Our team includes people who have been caregivers and guardians themselves, so we know the emotions families feel. We use our Collaborative Legal Planning Process™ to work through complex family dynamics, explain your responsibilities in plain language, and make sure you feel supported every step of the way.
The Collaborative Legal Planning Process™ was developed after years of assisting families obtain guardianship and conservatorship for their loved ones with special needs.
It is important to know that guardianship and conservatorship are not appropriate for every person with special needs, and the Collaborative Legal Planning Process™ helps families identify the appropriate level of support needed to help their family member be safe, protected, loved, happy, and to the greatest extent possible, self-reliant.
As part of your Collaborative Legal Plan™, we spend time with you to understand the individual who needs support and your family, so that we can help you identify the goals of your plan. If it is determined that guardianship and/or conservatorship is an appropriate option, we help you gather supporting medical reports and create the documents required by the Court.
From the courts in Bannock and Bonneville counties to remote areas in Lemhi or Idaho County, we work across the state. In many areas, we can appear virtually depending on the court’s policies. If travel is needed, we’ll talk with you about what makes the most sense for your case.
Guardianship and conservatorship decisions can be emotional and complex, but with the right help, they don’t have to be overwhelming. If you think someone you love may need this kind of legal protection, let’s talk about what’s right for your family. We’re ready to help you plan today for tomorrow’s security.
No one likes to imagine being unable to make decisions for themselves. But preparing now—while you’re well and thinking clearly—gives you control over how your future is handled. Powers of Attorney are one of the simplest, most powerful ways to do that.
Whether you're just getting started with estate planning or reviewing an old set of documents, we’re here to help you create something that reflects who you are and what your family needs. And because we offer virtual meetings across the state, you don’t need to live near our office to get thoughtful, personal service.
Let’s talk about what’s next—and build something that works for your life, no matter where in Idaho you call home.
When you give someone else, called your agent, authority to act on your behalf, you are giving them your Power of Attorney. Powers of Attorney are created by writing out the exact authority you give your agent, and then signing the document.
When you see the word “durable” included in a Power of Attorney, that means the authority to act on your behalf does not end if you become incapacitated.
Idaho Code § 15-12-101 et seq. (Financial Power of Attorney)
Idaho Code § 39-4510 (Living Will & Health Care POA)
There are multiple types of Powers of Attorney, and each type gives your agent a different ability to act on your behalf. A Power of Attorney for Finances allows your agent to make decisions about money, investments, property, and taxes. A Living Will sets out end of life decisions. Power of Attorney for Health Care allows your agent to make health care choices, except for mental health treatment or end of life decisions, which each require their own Powers of Attorney. In Idaho, the Living Will and Durable Power of Attorney for Health Care are combined into a single document for end of life and health care decisions. A Power of Attorney can also be used to temporarily give authority to another adult to make decisions for your children.
You may select different agents for each type of Power of Attorney, or you may select the same agent for multiple. You should also have successor agents selected in case your first choice is unable or unwilling to act on your behalf.
It is important to know that Powers of Attorney can be revoked in writing, or verbally as long as you have not been determined to be incapacitated.
Powers of Attorney are only valid while you are alive, and thus end upon your death. When you die your personal representative (if you have a will) or your trustee (if you have a trust) are responsible for making decisions for your estate.
It is important to know that Powers of Attorney can be given separately for:
Finances – Frequently called Power of Attorney or Financial Power of Attorney, this type must be notarized if it gives your agent the authority to make real estate decisions. More information can be found in Idaho Code § 15-12-101 et seq.
Agents are individuals who you trust to make decisions on your behalf when you are alive but unable. Typically a family member or trusted friend is selected as an agent.
When selecting an agent, it is important to identify an individual who is able to make the decisions you would make even if other people disagree. It is helpful if they are able to get along with your family members, but that is not required. Consider someone who has the time and ability to contact financial institutions, handle paperwork, and manage the details of your care as needed.
It is important to know that an agent only has authority while you are alive. Once you have died, your personal representative or trustee will handle your estate. Because of this, successor trustees are often named as agents for Financial Powers of Attorney, so the same people are handling your financial affairs if you are incapacitated.
We’re happy to sit down with you, answer your questions, and talk through your options—at your pace, and on your terms.
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