Idaho Power of Attorney Requirements & Free Form

Idaho requirements

• Idaho follows the Uniform Power of Attorney Act (Idaho Code Title 15, chapter 12), enacted in 2008.
• The document must be signed by the principal, or by another individual in the principal's conscious presence at the principal's direction (Idaho Code 15-12-105).
• Notarization is not strictly mandatory, but under Idaho Code 15-12-105 a signature acknowledged before a notary public is presumed genuine, so signing before a notary is the recommended practice.
• Idaho Code 15-12-105 does not require witnesses for a power of attorney.
• Durability is the default: under Idaho Code 15-12-104, a power of attorney is durable unless it expressly provides that it is terminated by the principal's incapacity.
• If the power of attorney will be used for real estate transactions, confirm recording requirements with the county recorder where the property is located.

Frequently asked questions

Does Idaho require a power of attorney to be notarized?

Not strictly, but Idaho Code 15-12-105 gives a notarized signature a presumption of genuineness, and most banks, title companies, and county recorders expect one. Signing before a notary is strongly recommended.

Is an Idaho power of attorney durable if it does not say so?

Yes. Under Idaho Code 15-12-104, a power of attorney created under the act stays effective through the principal's incapacity unless the document expressly states that incapacity terminates it.

Official sources

• https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH12/SECT15-12-105/
• https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH12/SECT15-12-104/