Durable Power of Attorney for Finances
A Durable Power of Attorney for Finances appoints someone 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 Durable Power of Attorney for Finances.  In a typical DPAF, your POA 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

Living Will and Power of Attorney for Health Care

In Idaho, an advanced healthcare directive is referred to as a Living Will and Durable Power of Attorney for Health Care.   

A Living Will and Power of Attorney for Health Care allows you to do two things: (1) state you wishes regarding the use of life-sustaining medical treatment, 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.

Healthcare directives help ease the burden on your loved ones by clearly telling them what you want.  They also help avoid intrafamily conflicts over your care.  

When do your healthcare directives become effective:
  • Your Living Will takes 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.  A living will is not self-activating.  It takes effect only when one doctor has certified that you have a terminal condition and that death is imminent.
  • 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.

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