Idaho Statutory Durable Power of Attorney

This power of attorney is durable and is (not terminated by the principal's incapacity.) [unless it expressly provides that it is terminated by the incapacity of the principal.] (15-12-102(2)) [15-12-104.]

What does a power of attorney do? In general, allows your agent to do any lawful act with respect a subject and all property related to the subject as if you were there yourself.

Subjects in which you can approve or deny. (Note: each subject is defined by an Idaho Statute.)

Real Property
Tangible Personal Property
Stocks and Bonds
Commodities and Options
Banks and Other Financial Institutions
Operation of an Entity or Business
Insurance and Annuities
Estates, Trusts, and Other Beneficial Interests
Claims and Litigation
Personal and Family Maintenance
Benefits from Governmental Programs or Civil or Military Service
Retirement Plans
Taxes

Subjects your agent can NOT do without your specific authority:

Create, amend, revoke, or terminate an inter vivos trust

(Make a gift, subject to the limitations of the uniform power of attorney act, chapter 12, title 15, Idaho Code, and any special instructions in this power of attorney

Make a gift without limitations except any special instructions in this power of attorney

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authority granted under this power of attorney

Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan

Exercise fiduciary powers that the principal has authority to delegate



This form includes an addendum page to list real properties and is fully formatted for recording in each Idaho County.

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