Idaho power of attorney provides a way for one person to allow another person to legally act in his place and on his behalf with his resources. POAs can take many forms and be used for many types of situations, including discreet, limited transactions to everyday long term representation. What they have in common is a principal, the person conferring the authority and the agent, the person acting on behalf of someone else. It is very important that the principal always chooses an agent who is reliable and trustworthy.
Durable Power of Attorney – The agent can and will still continue to act on behalf of the principal even if an incapacitating event occurs that renders the principal unable to make decisions.
General Power of Attorney – This type of form is similar to the durable, except that it becomes void if the principal can no longer make decisions for himself.
Limited Power of Attorney – A legal way for someone to confer authority on another for a discreet transaction or period of time.
Medical Power of Attorney & Living Will – Appoints a person to make medical care decisions for another.
Power of Attorney for Minor Child (Parental) – Appoints a person or persons to be guardians of a minor child for a period of time.
Power of Attorney Revocation Form – This is used to cancel any type of POA already in existence.
Real Estate Power of Attorney – Allows an agent, selected by the property owner, to have specific or ultimate decision-making power over the managing and selling of property.
Tax Power of Attorney Form – Used by a taxpayer in order to have another person represent him with tax filings etc.
Vehicle Power of Attorney Form (IDT-3368) – Used when a vehicle owner needs someone to represent them with the motor vehicle authority, such as registering of titling.
How to Write
1 – Research The Matter Then Obtain The Correct Form
It should be considered imperative that a Principal issuing this form full understand every aspect of it. Once he or she has determined the Type of Authority to be granted to an Agent (or Attorney-in-Fact) and what Powers should be delegated, he or she should fill out the form available on this page. You may open or download this document at your discretion and may choose one of three file types from the right: PDF, ODT, and Word.
2 – Identify The Grantor And Grantee Of Power As The Principal And Attorney-in-Fact
The language is this document will set up a Principal as the Grantor of Authority to an Attorney-in-Fact who is the Grantee or recipient of such Authority. The subject matter of the Principal’s Authority will be dealt with in the next section.
In this introduction, report the Full Name of the Principal and the County/City where he or she lives using the first two spaces on the first line.
Following the term “…State of,” enter the State where the Principal resides.
The next task at hand is to identify the Attorney-in-Fact. Enter his or her Full Name on the third blank space.
On the spaces immediately after the Attorney-in-Fact must present the County/City then, the State where the Attorney-in-Fact lives
3 – Set The Date Of Effect
The Principal must set the Date when the Authority will be granted to the Attorney-in-Fact and its durability. This will be done by the Principal personally initialing the blank line preceding the statement that best describes the Agent’s Term of wielding of Principal Powers.
If the Principal wishes the Powers in this document to become effective immediately upon signing and remain in effect regardless of whether the Principal becomes disabled or incapacitated, then Statement “A” must be initialed.
If the Principal intends to grant the Powers in this document only when he or she is rendered disabled or incapacitated, then
Statement “B” must be initialed.
4 – Provide A Report On What Powers Are To Be Granted To The Attorney-in-Fact
Now that some basic facts have been established, we will need to identify what the Principal will allow the Attorney-in-Fact to do in his or her name. This will be accomplished through the Principal’s Initials. Each description of Authority that defines Powers the Agent may wield with Principal Authority should be initialed by the Principal.
If the Grantor of Authority wishes to appoint Principal Authority to the Attorney-in-Fact in relation to Banking Powers, then he or she must initial the “Banking” statement of power.The Grantor may designate Principal Authority to access his or her “Safe Deposit” boxes by initialing the second paragraph in this section.If the Principal initials the “Lending or Borrowing” statement of Authority, the Attorney-in-Fact will be able to wield Principal Powers in the manner defined in this paragraph.The Grantor may appoint the Attorney-in-Fact with the Principal’s Government Benefits Powers by initialing the third statement of Authority.If the Principal intends to grant the Authority to deal with his or her Retirement Plans to the Attorney-in-Fact, the fourth paragraph will need to be initialed by him or herThe Principal’s Taxes may be represented and acted upon by the Attorney-in-Fact, if the Principal initials the fifth statement of Authority.The Grantor should initial the “Insurance” statement of Authority, in order to designate the power to handle his or her Insurance affairs to the Attorney-in-Fact.If the Principal initials the seventh statement of power, then Real Estate powers will be granted to the Attorney-in-Fact. The eighth statement of Powers, “Personal Property,” will provide the language necessary for the Principal to grant Principal Authority to the Attorney-in-Fact regarding his or her Personal Property.The ninth paragraph defines the Power to Manage Property on behalf of the Principal. If the Principal wishes to appoint such power to the Attorney-in-Fact, the “Power to Manage Property” statement must be initialed by the Principal.
The tenth statement of Authority shall enable the Attorney-in-Fact to deal in “Gifts” on behalf of the Principal once, the Principal initials the tenth statement.The Principal will delegate powers in “Legal Advice and Proceedings” to the Agent, once the eleventh paragraph is initialed.The Grantor may specify additional instructions or definitions in the “Special Instructions” paragraph. This area will provide a set of blank lines where such provisions may be documented.
5 – The Grantor’s Signature Authorization
The Principal who intends to grant the powers in this document to the Attorney-in-Fact named in this document must set the Date of Signature by entering the Calendar Date he or she signs this. Find the statement with the words “…I have on this.” Utilize the spaces in this statement to enter the Day, Month, and Year.
The Principal must sign the blank line after this statement.
6 – Validating The Grantor’s Signing
Immediately after the Granting Principal’s Signature will be a Witness Statement. Each Witness attending this signing must Sign his or her Name then enter his or her Address in the spaces provided.
The Notary Public attending this signing will provide the required items for Notarization.