Power of attorney in Idaho: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Idaho, from Idaho law.

Checked against official sources: October 31, 2026.

Short answer

Uniform Power of Attorney Act

Official form: Statutory Form Power of Attorney, with optional Agent's Certification
How to sign: Signed by you; the law requires no notary or witnesses
Durable unless it says otherwise?: Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act: Yes

Words used in Idaho

In Idaho you name an agent for money and property in a power of attorney. For health care, Idaho law calls the document an advance care planning document; it can name a health care agent and give end-of-life instructions, and the state's form calls it an Advance Directive. If an adult cannot decide and has no documents, Idaho law lists who may consent to care, and a court can appoint a guardian or conservator.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; 'Statutory Form Power of Attorney'
The person you choose: Agent
Health care: Advance care planning document (ACPD), which may name a 'health care agent'; the state form is called an Advance Directive (durable power of attorney for health care plus living will)
Treatment wishes: Living will (part of the Advance Directive / advance care planning document)
Court-appointed decision-maker: Guardian (personal decisions) and conservator (property) of an 'incapacitated person'; limited guardianship

Law and official form

Law: Uniform Power of Attorney Act
Uniform Power of Attorney Act: Yes (effective 2008 (2008 Idaho Sess. Laws ch. 186))
Official form: Statutory Form Power of Attorney (Idaho Code § 15-12-301), with optional Agent's Certification (§ 15-12-302)Published by Idaho Legislature
You do not have to use it.
Covers property only, not health care. Includes a notary acknowledgment block.

Law: Idaho Code §§ 15-12-101 to 15-12-404; Idaho Code §§ 15-12-301, 15-12-302

Signing rules

How to sign

The Act requires only your signature. If you acknowledge your signature before a notary, it is presumed genuine, and banks and others must follow the acceptance rules for an 'acknowledged' power of attorney.

Who signs

Signed by you, or in your conscious presence by another person you direct to sign your name.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

No agent signature is required. A person accepts appointment by acting as agent or by other conduct showing acceptance, unless the document says otherwise.

Law: Idaho Code § 15-12-113

Law: Idaho Code §§ 15-12-105, 15-12-119, 15-12-120

Durable and springing

Is it durable?

A power of attorney created under the chapter is durable unless it expressly says it ends when you become incapacitated.

Law: Idaho Code § 15-12-104

Durable unless it says otherwise?

Yes: it continues if you lose capacity unless it says otherwise.

Starting later (springing)

It is effective when signed unless it says it starts on a future date or event. You can name who decides that the event happened. If it starts on your incapacity and no one you named can decide, it starts when a physician or licensed psychologist, or a licensed attorney, judge or appropriate government official, determines in writing that you are incapacitated.

Law: Idaho Code § 15-12-109

What an agent can and cannot do

Needs express permission

Create, amend, revoke or end a living (inter vivos) trust
Make a gift
Create or change rights of survivorship
Create or change a beneficiary designation
Delegate authority granted under the power of attorney
Waive your right to be a beneficiary of a joint and survivor annuity, including a retirement plan survivor benefit
Exercise fiduciary powers you have authority to delegate

No power of attorney can

Unless the power of attorney says otherwise, an agent who is not your ancestor, spouse or descendant may not use it to give themselves, or someone they must support, an interest in your property. The chapter does not apply to a power to make health care decisions.

Law: Idaho Code § 15-12-201(2); § 15-12-103(2)

Law: Idaho Code § 15-12-201(1)

Agent duties, pay and court review

Agent duties

Act according to your reasonable expectations, if known, and otherwise in your best interest
Act in good faith and only within the authority granted
Act loyally for your benefit and avoid conflicts of interest
Use the care, competence and diligence ordinarily used by agents
Keep a record of all receipts, payments and transactions
Cooperate with your health care decision-maker
Try to preserve your estate plan, if known and in your best interest

Agent pay

Unless the power of attorney says otherwise, an agent is entitled to reimbursement of reasonable expenses and to reasonable compensation.

Law: Idaho Code § 15-12-112

Asking a court to review an agent

You, the agent, a guardian or conservator, your health care decision-maker, your family, presumptive heirs, beneficiaries, a protective agency, your caregiver and others listed in the Act can petition a court to construe the power of attorney or review the agent's conduct; the court must dismiss the petition if you ask, unless it finds you lack capacity to revoke.

Law: Idaho Code § 15-12-116

Law: Idaho Code § 15-12-114

When it ends and how to revoke it

How to revoke a power of attorney in Idaho

Official forms in Idaho

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Statutory Form Power of Attorney (Idaho Code § 15-12-301), with optional Agent's Certification (§ 15-12-302) · Published by Idaho Legislature

Health care directive

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 Welfare · Version: Version 2.2, Updated March 2025

Guardianship / conservatorship

Good to know in Idaho

Since 2023, an Idaho advance care planning document needs only your name, date of birth, phone, mailing address, signature and date; witnesses and a notary are optional.
Law: Idaho Code § 39-4510, 2023 Idaho Sess. Laws ch. 307
Appointing a conservator ends a power of attorney unless the court orders otherwise.
Law: Idaho Code § 15-12-108(2)
Idaho runs an online Healthcare Directive Registry for advance directives and POST forms.
Law: Idaho Code § 39-4515
Idaho's guardianship law is replaced by the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act on January 1, 2027.
Law: 2026 Idaho Sess. Laws ch. 79, S1240

Changes in 2024–2026

2026 Idaho Sess. Laws ch. 79 (Senate Bill 1240, signed March 20, 2026, effective January 1, 2027) repeals Title 15, Chapter 5 and enacts the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (including 'less restrictive alternative' and 'supported decision-making' definitions), and makes conforming amendments to Idaho Code §§ 15-12-108 and 39-4504. 2023 Idaho Sess. Laws ch. 307 created the advance care planning document (ACPD) rules.

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

What is a power of attorney called in Idaho?

Power of attorney; 'Statutory Form Power of Attorney'. In Idaho you name an agent for money and property in a power of attorney. For health care, Idaho law calls the document an advance care planning document; it can name a health care agent and give end-of-life instructions, and the state's form calls it an Advance Directive. If an adult cannot decide and has no documents, Idaho law lists who may consent to care, and a court can appoint a guardian or conservator.

Does a power of attorney have to be notarized in Idaho?

Is there an official power of attorney form in Idaho?

Statutory Form Power of Attorney, with optional Agent's Certification. You do not have to use it.