Powers of Attorney

Powers of Attorney are critical documents to have in place because they allow you to specify who you want to make decisions for you if you become incapacitated, either temporarily or long-term.  If you become incapacitated and do not have Powers of Attorney in place stating your wishes, a Court must appoint someone to act for you through a Guardianship/Conservatorship proceeding.  These proceedings are time-consuming, costly, and require on-going Court supervision.  In addition, the person chosen by the Court may not be the person you would choose.  

Power of Attorney for Finance

A Durable Power of Attorney for Finance appoints someone, known as your "Agent," to make decisions and manage your financial assets that are outside of a living trust if you become disabled or incompetent.  It authorizes them to act for you with respect to your money and property. 

You select what powers to give your Agent.  In a typical Durable Power of Attorney for Finance, your Agent has the power to:
  • Use your assets to pay your everyday expenses
  • Handle transactions with banks and other financial institutions
  • Buy, sell, maintain, pay debts and taxes on property 
  • File and pay your taxes
  • Manage your retirement accounts
  • Collect government benefits owed to you, such as social security
  • Invest your money
  • Buy and sell insurance policies for you
  • Operate your small business
  • Make gifts on your behalf
  • Transfer your property into a living trust that you’ve already set up
  • File legal actions on your behalf
  • Pay for your personal care and support for your family from your assets

Your Agent does not have the power to:
  • Revoke your will
  • Get married for you
  • Adopt a child on your behalf
  • Do something that you aren’t allowed to delegate, such as serve as a director of a corporation

Advanced Health Care Planning Document

In Idaho, an advanced healthcare directive is referred to as a Advanced Care Planning Document and includes a Durable Power of Attorney for Health Care and also allows you to state your End-of-Life Wishes.

An Advanced Care Planning Document allows you to do two things: (1) state your wishes for your end-of-life care and (2) name an agent to act on your behalf with respect to medical decisions if you can no longer communicate with your doctors.  The only time your agent will be able to make decisions is when you are unable to make your own decisions.

An Advanced Care Planning Document help ease the burden on your loved ones by clearly telling them what you want.  They also help avoid intrafamily conflicts over your care and who can make decisions about your care.  

When do your healthcare directives become effective:
  • Your End-of-Life Wishes take effect when a medical doctor certifies that you have a terminal and incurable illness or you are permanently unconscious or in a persistent vegetative state.  
  • The Durable Power of Attorney takes effect when you are no longer able to communicate with your healthcare provider.  The only time your agent will be able to make decisions is when you are unable to make your own decisions.

For more information on selecting a Health Care Agent, click here.  For more information on Idaho's Living Will, click here.

Ready to Get Started on Your Estate Plan?