Benewah County Quitclaim Deed (Individual Grantor by Attorney in Fact) Form

The record owner does not sign this Idaho quitclaim deed. The owner is named as the Grantor and as the principal under a power of attorney, and the hand on the signature line belongs to an attorney in fact acting under that power. What reaches the Grantee is the interest the Grantor holds at delivery, released without covenant or warranty of title.

The power of attorney reaches the recorder first

Idaho Code Section 55-806 carries the heading Power must be recorded before conveyance by attorney, and it does exactly that: an instrument executed by an attorney in fact is not recorded until the power of attorney authorizing the execution of the instrument is filed for record. That sequence is why Section 3 collects the power of attorney by date, county, instrument number, and recording date. A power already on record in the property county satisfies the statute; one not yet recorded travels to the recorder with the deed, at the twenty five dollar fee Idaho Code Section 31-3205 sets for a power of attorney.

Where an agent's power to quitclaim comes from

Idaho's Uniform Power of Attorney Act settles the authority question in the statute. Idaho Code Section 15-12-204 provides that, unless the power of attorney provides otherwise, language granting general authority over real property authorizes the agent to sell, exchange, convey with or without covenants, quitclaim, release, encumber, and otherwise dispose of an interest in real property. The word quitclaim is the statute's own. One boundary sits close to family transfers: under Section 15-12-201(2), an agent who is not an ancestor, spouse, or descendant of the principal may not create an interest in the agent unless the power of attorney provides otherwise.

The signature line, and the certificate beneath it

The signature block opens with the role GRANTOR, BY ATTORNEY IN FACT, and the printed name line takes the agent's own name, so the record carries both the owner whose interest moves and the individual who signed. Idaho Code Section 55-601 recognizes that signature: a conveyance may be made in writing subscribed by the party disposing of the estate or by that party's agent authorized in writing. One certificate follows, on the short form of Idaho Code Section 51-116, completed in the representative capacity that Idaho Code Section 51-102(4)(c) defines to include an attorney in fact. No witness signs an Idaho deed.

What the attorney in fact configuration carries

The form recites one Grantor, an individual record owner, and one attorney in fact, with a single signature block and a single certificate for the agent. Section 4 holds the grantee name and complete mailing address Idaho Code Section 55-601 places on the face of a conveyance. The conveyance section remises, releases, and forever quitclaims, keeps grant out of its operative sentence, restrains by name both covenants Idaho Code Section 55-612 would imply from that word, and states that the agent signs for the principal and passes no interest the agent holds individually. An owner living abroad whose agent handles a local parcel, an owner in a care facility who signed a durable power of attorney years earlier, and a successor agent now serving under a power that names one, present the pattern this deed recites. Where the parcel is community real estate, or the homestead of a married person, Idaho Code Sections 32-912 and 55-1007 call for the other spouse to join or consent, and both sections allow that step to be taken through a power of attorney; with one signature block, the form is not set up for those patterns or for an owner signing personally.

At the recorder's counter

Idaho Code Section 55-808 sends the acknowledged deed to the recorder of the county holding the land, and nothing accompanies it, since Idaho Code Section 63-307A states the policy of the state against a tax on real estate transfers and forbids counties to impose one. Priority answers to recording under Idaho Code Section 55-812. Page one keeps its top three inches clear for the stamp and label spaces Idaho recorders publish, inside the page size and legibility standards of Section 31-3205(6).

Three files arrive together: the fillable deed, a completed example running a Blaine County conveyance through every entry, and a guide to the sections, the certificate, and the recording sequence. The power of attorney itself is prepared separately and is not included. These materials describe Idaho law generally and are informational only, not legal advice; an Idaho attorney can address a specific parcel or power of attorney.