Health care directive in Idaho: form, signing and who decides

The form, who can witness, who can be your agent and who decides if you have no directive in Idaho.

Checked against official sources: October 31, 2026.

Short answer

Advance care planning document (ACPD) - the state form is the 'Advance Directive' (durable power of attorney for health care and living will)

Official form
Idaho Advance Directive
How to sign
Signed by you; the law requires no notary or witnesses
Who decides without a directive
Yes

The document and its form

Document
Advance care planning document (ACPD) - the state form is the 'Advance Directive' (durable power of attorney for health care and living will)
Official form
Idaho Advance Directive (Idaho Department of Health and Welfare optional form, with Healthcare Directive Registry account registration form)Published by Idaho Department of Health and WelfareVersion: Version 2.2, Updated March 2025

You do not have to use it.

Living will

Living will (part of the Advance Directive)

Part of the directive.

Your document may include resuscitation instructions, instructions about pregnancy, end-of-life care and treatment objectives. CPR is presumed wanted unless your document, your surrogate, a POST or a DNR order says otherwise.

Law: Idaho Code § 39-4510(1); Idaho Code §§ 39-4510(2), 39-4514(5)

Signing rules

How to sign

To be valid, the document must include your name, date of birth, telephone number and mailing address, your signature, and the date you signed. Witnesses and notarization are optional. Blank sections are treated as intentional and do not invalidate the document. It is effective from the date you sign it until you revoke or replace it.

Who signs

Signed by you (or your authorized agent) and dated.

Notary
Not required
Witnesses
None required

Law: Idaho Code §§ 39-4510, 39-4512

Who can be your agent and what the agent can do

When the agent starts

The health care agent acts only if the conditions in your document for the agent to act have been met.

Law: Idaho Code § 39-4504(1)(b)

Decisions an agent cannot make

A surrogate or agent may not consent to or refuse care contrary to your advance care planning document or wishes you expressed while able to decide. Assisted feeding or artificial nutrition and hydration may not be withdrawn or denied if their provision is directed by you, your document or your surrogate.

Law: Idaho Code § 39-4504(1); Idaho Code § 39-4514(3)

Revoking and conflicting documents

Revoking your agent

You can revoke your advance care planning document at any time: by destroying or defacing it (or having someone do so in your presence at your direction), by a signed written revocation, by saying so, or by any other act that clearly shows you intend to revoke it. You can also suspend it in writing, orally or by other clear action.

Revoking your instructions

The same methods revoke the instructions in the document.

Telling others

You are responsible for telling your health care providers. A provider who does not actually know of the revocation may rely on the document. No fee is charged to register a revocation with the state registry.

Conflicting documents

A document is effective until revoked or replaced, and you may re-execute one at any time.

Law: Idaho Code § 39-4512

Law: Idaho Code §§ 39-4511A, 39-4511B, 39-4515

If you have no directive

Who decides without a directive

If you cannot consent, consent may be given or refused in this order. The surrogate must be capable of consenting to their own care and may not act against your document or wishes you expressed while capable. In an emergency, the attending provider may proceed if your wishes are unknown.

  1. Court-appointed guardian
  2. Health care agent named in your advance care planning document (if its conditions are met)
  3. Spouse
  4. Adult child
  5. Parent
  6. Person named in a delegation of parental authority
  7. Any relative
  8. Any other competent person who represents that they are responsible for your health care

Law: Idaho Code § 39-4504

Other states, registry and medical orders

Registry

Idaho Healthcare Directive Registry (Department of Health and Welfare)

Fee: Set by the department, not more than $10.00 to file a document; no fee to revoke

Law: Idaho Code § 39-4515(1)

POLST (medical orders)

Physician Orders for Scope of Treatment (POST)

Law: Idaho Code §§ 39-4514(10), 39-4515; Idaho Code § 39-4512A

Free notice: revoke or change a health care directive

Names and addresses of people and facilities that should know. They go into your letter only.

Other formats

Sign the letter and keep a copy. This tool does not check whether your document is valid, and it is not legal advice.

Free help in Idaho

Report abuse or exploitation

Idaho Commission on Aging - Adult Protective Services (reports go to your local Area Agency on Aging) · 1-877-471-2777

Questions about powers of attorney in Idaho

How do I sign a health care directive in Idaho?

To be valid, the document must include your name, date of birth, telephone number and mailing address, your signature, and the date you signed. Witnesses and notarization are optional. Blank sections are treated as intentional and do not invalidate the document.

Who decides my health care if I have no directive in Idaho?

If you cannot consent, consent may be given or refused in this order. The surrogate must be capable of consenting to their own care and may not act against your document or wishes you expressed while capable. In an emergency, the attending provider may proceed if your wishes are unknown.

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