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Powers of attorney are critical documents that can help protect your interests during times when you're unable to make decisions for yourself. In Idaho, these legal instruments have specific considerations that all residents should understand.
A power of attorney is a legal document that authorizes another person (your "agent" or "attorney-in-fact") to make decisions on your behalf. Unlike wills that take effect after death, powers of attorney function during your lifetime, often when you most need assistance.
This kind of Power of Attorney grants your agent authority to handle financial matters, including:
Because this Power of Attorney is “Durable,” it will remain effective even if you become incapacitated. Without the "durable" designation, a standard power of attorney would terminate if you lose decision-making capacity—precisely when you might need it most.
A Medical Power of Attorney or “Living Will” allows your agent to make healthcare decisions if you cannot communicate your wishes, including:
A limited Power of Attorney grants specific, restricted powers for particular transactions or time periods, such as authorizing someone to sell property while you're traveling overseas.
Your agent will have significant authority over your affairs, so consider these factors:
TDepending on how the document is drafted, a power of attorney can:
Life changes quickly, and your legal documents should reflect your current situation. Consider reviewing and potentially updating your powers of attorney when:
Without these documents, your loved ones may need to petition the court for guardianship or conservatorship—processes that can be expensive, time-consuming, and public. The court might also appoint someone you wouldn't have chosen to manage your affairs.
Our experienced team at Doug Marks Law PLLC can help you create customized powers of attorney that reflect your unique situation and preferences. Contact us today to ensure you have these essential documents in place before they're needed.