The Idaho durable power of attorney is used by a principal to select an agent to handle their financial affairs. This document comes into effect as soon as it is executed (unless the principal chooses a later date) and remains valid until the principal’s death. A durable power of attorney is not affected by the principal’s incapacity. An agent, or “attorney-in-fact,” should be chosen based on their willingness to keep the principal’s best interests in mind and for their trustworthiness, as well as their ability to carry out the tasks set forth in the power of attorney form.

Agent’s Duties – § 15-12-114

Laws – Title 15, Chapter 12 (Uniform Power of Attorney Act)

Signing Requirements (§ 15-12-105) – Notary Public

Statutory Form – § 15-12-301

State Definition

Statute – § 15-12-102(2)

“Durable” with respect to a power of attorney means not terminated by the principal’s incapaity.