Power of Attorney Form for Idaho

DOCUMENT CONTROL AND IDENTIFICATION

Document Title: Idaho Statutory General Durable Power of Attorney Document ID: POA-ID-2024-ST-001 Effective Date: [Effective Date] Version: 1.0.24 (2024 Revision) Governing Jurisdiction: State of Idaho Statutory Authority: Idaho Code Title 15, Chapter 12 (Uniform Power of Attorney Act)

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STATUTORY AND LEGAL COMPLIANCE NOTICE

NOTICE TO THE PRINCIPAL: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN THE UNIFORM POWER OF ATTORNEY ACT, CHAPTER 12, TITLE 15, IDAHO CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

NOTICE TO THE AGENT: BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, YOU ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. THESE DUTIES INCLUDE THE DUTY TO ACT IN THE PRINCIPAL’S BEST INTEREST, TO ACT IN GOOD FAITH, AND TO KEEP A RECORD OF ALL RECEIPTS, DISBURSEMENTS, AND TRANSACTIONS MADE ON BEHALF OF THE PRINCIPAL.

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1. PARTIES AND RECITALS

1.1 THE PRINCIPAL: This Power of Attorney is executed by [Principal Full Legal Name] (the "Principal"), residing at [Principal Address].

1.2 THE AGENT: The Principal hereby designates and appoints [Agent Full Legal Name] (the "Agent"), residing at [Agent Address], as the Principal's true and lawful attorney-in-fact.

1.3 SUCCESSOR AGENT (OPTIONAL): If the Agent is unable or unwilling to act, the Principal designates [Successor Agent Full Legal Name], residing at [Successor Agent Address], as the Successor Agent.

1.4 RECITALS: WHEREAS, the Principal desires to grant the Agent broad authority to manage the Principal’s financial affairs, property, and legal interests; and WHEREAS, this Power of Attorney is intended to be "Durable" as defined under Idaho Code § 15-12-104, meaning it shall not be affected by the subsequent incapacity of the Principal.

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2. OPERATIVE CLAUSES AND EXHAUSTIVE LEGAL PROSE

2.1 GRANT OF GENERAL AUTHORITY

The Principal grants the Agent the authority to act for the Principal with respect to the following subjects as defined in the Uniform Power of Attorney Act, Idaho Code §§ 15-12-204 through 15-12-217:

• Real Property: To buy, sell, lease, mortgage, or manage any interest in real estate.
• Tangible Personal Property: To buy, sell, or manage vehicles, furniture, and other goods.
• Stocks and Bonds: To buy, sell, and exchange stocks, bonds, and mutual funds.
• Commodities and Options: To trade in commodities and financial options.
• Banks and Financial Institutions: To open, close, and manage accounts and safe deposit boxes.
• Operation of Entity or Business: To manage any business interest or entity owned by the Principal.
• Insurance and Annuities: To purchase, terminate, or manage insurance policies.
• Estates, Trusts, and Other Beneficiary Interests: To act for the Principal regarding any trust or estate.
• Claims and Litigation: To prosecute, defend, or settle legal claims.
• Personal and Family Maintenance: To provide for the needs of the Principal and the Principal's dependents.
• Benefits from Governmental Programs: To apply for and receive Social Security, Medicare, or VA benefits.
• Retirement Plans: To manage IRAs, 401(k)s, and other retirement accounts.
• Taxes: To prepare, sign, and file tax returns and represent the Principal before the IRS.

2.2 COMPENSATION AND REIMBURSEMENT

2.2.1 Compensation: The Agent shall be entitled to [Choose One: Reasonable Compensation / A Monthly Fee of [Amount in USD] / No Compensation]. 2.2.2 Reimbursement: The Agent is entitled to reimbursement of all reasonable expenses incurred on behalf of the Principal. The Agent shall provide an itemized invoice for any such expenses. Failure to provide documentation for expenses exceeding [Amount in USD] shall be grounds for withholding reimbursement.

2.3 TERM AND TERMINATION

2.3.1 Effective Date: This Power of Attorney is effective immediately upon execution. 2.3.2 Durability: This Power of Attorney shall not be affected by the subsequent incapacity or disability of the Principal. 2.3.3 Termination by Convenience: The Principal may revoke this Power of Attorney at any time by written notice to the Agent. 2.3.4 Breach and Cure: If the Agent is found to be in breach of fiduciary duties, this Power of Attorney may be terminated immediately by any court of competent jurisdiction or by a designated Monitor.

2.4 INTELLECTUAL PROPERTY AND WORK PRODUCT

To the extent the Agent manages business interests or creates works for the Principal’s business entities, any and all intellectual property, including but not limited to copyrights, patents, and trademarks developed in the course of managing the Principal's affairs, shall be considered "Work Made for Hire" and shall remain the sole property of the Principal or the Principal's designated entity.

2.5 MUTUAL CONFIDENTIALITY AND NON-DISCLOSURE

The Agent shall maintain the absolute confidentiality of the Principal’s financial, medical, and personal information. The Agent shall not disclose any "Confidential Information" to third parties unless such disclosure is necessary to carry out the duties herein or required by law.

2.6 REPRESENTATIONS AND WARRANTIES

The Principal represents and warrants that they are of sound mind, over the age of eighteen (18), and are executing this document under no duress or undue influence. The Agent, by signing or acting, represents they have not been convicted of a felony or any crime involving fraud or dishonesty.

2.7 LIMITATION OF LIABILITY AND INDEMNIFICATION

2.7.1 Limitation: The Agent shall not be liable for losses resulting from an error in judgment made in good faith. 2.7.2 Indemnification: The Principal agrees to indemnify and hold the Agent harmless from any liability, loss, or damage (including reasonable attorney fees) arising from the Agent's exercise of power, provided the Agent acted in good faith and within the scope of authority granted.

2.8 DISPUTE RESOLUTION AND ARBITRATION

Any dispute arising out of or relating to this Power of Attorney shall be resolved through binding arbitration in the County of [Principal's County], Idaho, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney fees and costs.

2.9 MISCELLANEOUS PROVISIONS

2.9.1 Severability: If any provision is held invalid, the remainder of the document shall remain in effect. 2.9.2 Entire Agreement: This document constitutes the entire agreement regarding the Agent's authority and supersedes any prior oral or written understandings. 2.9.3 Governing Law: This document shall be governed by and construed in accordance with the laws of the State of Idaho.

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3. EXECUTION AND FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the Principal has executed this Power of Attorney on the date set forth below.

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Principal Full Legal Name] Title: Principal Date: [Date]

FOR THE AGENT (ACCEPTANCE OF APPOINTMENT): Signature: _____________________________________ Printed Name: [Agent Full Legal Name] Title: Agent / Attorney-in-Fact Date: [Date]

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4. NOTARY ACKNOWLEDGMENT

STATE OF IDAHO COUNTY OF [Name of County]

On this ____ day of ______, 20, before me, __________________________, a Notary Public in and for said State, personally appeared [Principal Full Legal Name], known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.

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Notary Public for the State of Idaho Residing at: __________________________ My Commission Expires: ________________

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5. STEP-BY-STEP EXECUTION & FILING GUIDE

Phase 1: Preparation

1. Open in Editor: Open this document in Microsoft Word or Google Docs.
2. Field Completion: Use the [Find and Replace] function to locate all bracketed text (e.g., [Principal Full Legal Name]) and input the specific factual data.
3. Review Subject Matter: Under Section 2.1, if there are specific powers you wish to exclude, draw a line through them or delete the specific bullet point before printing.

Phase 2: Formal Execution

1. Verification of Capacity: Ensure the Principal is of sound mind at the time of signing.
2. Notary Presence: DO NOT SIGN the document until you are in the presence of a licensed Notary Public. Idaho law requires the Principal's signature to be acknowledged to be effective for recording (Idaho Code § 15-12-105).
3. Digital Signature (Optional): If using DocuSign or Adobe Sign, ensure the platform provides a "Notary with Electronic Signature" workflow that complies with Idaho's Revised Uniform Law on Notarial Acts.

Phase 3: Distribution and Record Retention

1. Original Copy: The Principal should keep the original in a secure location (fireproof safe).
2. Agent Copy: Provide a high-resolution certified copy to the Agent.
3. Third-Party Notice: Deliver copies to banks, brokerage firms, and the county recorder's office (if real estate transactions are anticipated).
4. County Recording: If the Agent will sell or mortgage real property, this document MUST be recorded in the office of the county recorder where the property is located.

Phase 4: Periodic Review

1. Annual Audit: Review the document annually to ensure the Agent is still fit to serve.
2. Revocation: If you wish to revoke, you must provide written notice to the Agent and any third parties (banks) who have a copy on file.