Understanding Powers of Attorney in Idaho
Powers of attorney are critical documents that can help protect your interests during times when you're unable to make decisions for yourself. In Idaho, these legal instruments have specific considerations that all residents should understand.
What is a Power of Attorney?
A power of attorney is a legal document that authorizes another person (your "agent" or "attorney-in-fact") to make decisions on your behalf. Unlike wills that take effect after death, powers of attorney function during your lifetime, often when you most need assistance.
Types of Powers of Attorney in Idaho
Durable Financial Power of Attorney
This kind of Power of Attorney grants your agent authority to handle financial matters, including:
Managing bank accounts and investments
Paying bills and taxes
Buying, selling, or managing real estate
Making business decisions
Applying for government benefits
Because this Power of Attorney is “Durable,” it will remain effective even if you become incapacitated. Without the "durable" designation, a standard power of attorney would terminate if you lose decision-making capacity — precisely when you might need it most.
Medical Power of Attorney (Healthcare Directive or “Living Will”)
A Medical Power of Attorney or “Living Will” allows your agent to make healthcare decisions if you cannot communicate your wishes, including:
Consenting to or refusing medical treatments
Selecting healthcare providers and facilities
Accessing your medical records
Making end-of-life care decisions
Limited Power of Attorney
A limited Power of Attorney grants specific, restricted powers for particular transactions or time periods, such as authorizing someone to sell property while you're traveling overseas.
Choosing the Right Agent
Your agent will have significant authority over your affairs, so consider these factors:
Trustworthiness and integrity
Financial responsibility
Geographic proximity
Willingness to serve
Ability to make difficult decisions
Understanding of your values and wishes
When Powers of Attorney Take Effect
Depending on how the document is drafted, a power of attorney can:
Take effect immediately upon signing
"Spring" into effect only when you become incapacitated (a "springing" power of attorney)
Begin and end during specific time periods
Keeping Your Powers of Attorney Current
Life changes quickly, and your legal documents should reflect your current situation. Consider reviewing and potentially updating your powers of attorney when:
Your relationship with your named agent changes
Your agent's health declines
You move to a different state
Your financial situation changes significantly
Several years have passed since creation
The Risks of Not Having Powers of Attorney
Without these documents, your loved ones may need to petition the court for guardianship or conservatorship—processes that can be expensive, time-consuming, and public. The court might also appoint someone you wouldn't have chosen to manage your affairs.
Let Us Help You
Our experienced team at Cedar Summit Law can help you create customized powers of attorney that reflect your unique situation and preferences.
Contact us today to ensure you have these essential documents in place before they're needed.
