Fillable Printable Special Statutory Power of Attorney - Idaho
Fillable Printable Special Statutory Power of Attorney - Idaho
Special Statutory Power of Attorney - Idaho
IDAHO STATUTORY FORM POWER OF ATTORNEY
(Special)
IMPORTANT INFORMATION
This power of attorney authorizes another person (your agent) to make decisions concerning your property for you
(the principal). Your agent can make decisions and act with respect to your property (including your money)
whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is
explained in the Uniform Power of Attorney Act, Chapter 12, Title 15, Idaho Code. This power of attorney does not
authorize the agent to make health care decisions for you. You should select someone you trust to serve as your
agent. The agent’s authority will continue until your death unless you revoke the power of attorney or the agent
resigns. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.
This form provides for designation of one (1) agent. If you wish to name more than one (1) agent, you may name a
coagent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in
the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless
you have named a successor agent. You may also name a second successor agent. This power of attorney becomes
effective immediately unless you state otherwise in the Special Instructions.
If you have questions about the power of attorney or the authority you are granting to your agent, you should seek
legal advice before signing this form.
DESIGNATION OF AGENT
I, ____________________________________, name the following person as my agent:
Name of Agent: _________________________________
Agent’s Address: _________________________________
_________________________________
Agent’s Phone Number: (______)______________________
DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent: ____________________________________
Successor Agent’s Address: _________________________________
_________________________________
Successor Agent’s Phone Number: (______)______________________
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as
defined in the Uniform Power of Attorney Act, Chapter 12, Title 15, Idaho Code: (INITIAL on the item listed as
in bold print “Real Property”. If you want your agent to act for you on the other items, this Power of
Attorney will need to be prepared by you and/or your attorney.)
INITIAL _____ Real Property
_____ Tangible Personal Property
_____ Stocks and Bonds
_____ Commodities and Options
_____ Banks and Other Financial Institutions
_____ Operation of an Entity or Business
_____ Insurance and Annuities
_____ Estates, Trusts, and Other Beneficial Interests
POA (July 2008)
_____ Claims and Litigation
_____ Personal and Family Maintenance
_____ Benefits from Governmental Programs or Civil or Military Service
_____ Retirement Plans
_____ Taxes
_____ All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific
authority listed below:
(CAUTION):
Granting any of the following will give your agent the authority to take actions that could significantly reduce your
property or change how your property is distributed at your death. INITIAL ONLY the specific authority you
WANT to give your agent. (If any item is initialed this Power of Attorney may not be used by Pioneer Title
Company’s escrow officers unless this document was prepared by you and/or your attorney outside of
escrow).
_____ Create, amend, revoke, or terminate an inter vivos trust
_____ Make a gift, subject to the limitations of the uniform power of attorney act, chapter 12, title 15, Idaho Code,
and any special instructions in this power of attorney
_____ Make a gift without limitations except any special instructions in this power of attorney
_____ Create or change rights of survivorship
_____ Create or change a beneficiary designation
_____ Authorize another person to exercise the authority granted under this power of attorney
_____ Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit
under a retirement plan
_____ Exercise fiduciary powers that the principal has authority to delegate
LIMITATION ON AGENT’S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person
to whom the agent owes an obligation of support unless I have included that authority the Special Instructions.
POA (July 2008)
SPECIAL INSTRUCTIONS
On the following lines you may give special instructions, these instructions apply specifically to File No.
____________________:
To preserve, manage, lease, exchange, sell or purchase for cash, credit or on contract, convey, encumber by
mortgage or deed of trust all upon such terms and conditions as he or she sees fit, as the same pertains to that certain
real property commonly known as: ____________________________________________
___________________________and legally described as:
(city/state)
EFFECTIVE DATE
This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that
person knows it is terminated or invalid.
Your Name Printed: ______________________________
Your Address: ________________________________
________________________________
Your Phone Number: (_____)_______________________
SIGNATURE AND ACKNOWLEDGMENT
Date: ________________________
_______________________________________
by:
State of ______________, County of _________________________-
On this ____ day of ____________ in the year of _____, before me, the undersigned, a Notary Public in and for said
State, personally appeared ____________________________________________ known or identified to me to be
the person/persons whose name(s) is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same.
______________________________
Residing at:
Commission Expires:
POA (July 2008)
IMPORTANT INFORMATION FOR AGENT
(Do Not Record)
AGENT’S DUTIES
When you accept the authority granted under this power of attorney, a special legal relationship is created between
you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of
attorney is terminated or revoked. You must:
1. Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not
know the principal’s expectations, act in the principal’s best interest;
2. Act in good faith;
3. Do nothing beyond the authority granted in this power of attorney; and
4. Disclose your identity as an agent whenever you act for the principal by signing the name of the principal
and signing your own name as “agent” in the following manner:
………..Principal’s Name……………by……………..Your Signature……………as agent
Unless the Special Instructions in this power of attorney state otherwise, you must also:
1. Act loyally for the principal’s benefit;
2. Avoid conflicts that would impair your ability to act in the principal’s best interest;
3. Act with care, competence and diligence;
4. Keep a record of all receipts, disbursements, and transactions conducted for the principal;
5. Cooperate with any person that has authority to make health care decisions for the principal to do what you
know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the
principal’s best interest; and
6. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent
with the principal’s best interest.
TERMINATION OF AGENT’S AUTHORITY
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or
your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under
a power of attorney include:
1. Death of the principal;
2. The principal’s revocation of the power of attorney or your authority;
3. The occurrence of a termination event stated in the power of attorney;
4. The purpose of the power of attorney is fully accomplished; or
5. A legal action is filed with a court to end your marriage to the principal, or for yur legal separation, unless
the Special Instructions in this power of attorney state that such an action will not terminate your authority.
LIABILITY OF AGENT
The meaning of the authority granted to you is defined in the act. If you violate the act or act outside the authority
granted, you may be liable for any damages caused by your violation.
IF THERE IS ANYTHING ABOUT THIS DOCUMENT OR YOUR DUTIES THAT YOU DO NOT
UNDERSTAND, YOU SHOULD SEEK LEGAL ADVICE.
15-12-302. AGENT’S CERTIFICATION. The following optional form may be used by an agent to certify facts
concerning a power of attorney.
POA (July 2008)
AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S
AUTHORITY
State of ____________)
)
ss.
County of __________)
I «RESWARE_SP_CF_Power», certify under penalty of perjury that «RESWARE_SP_CF_Power» granted me
authority as an agent or successor agent in a Power of Attorney dated
«RESWARE_SP_GetDocumentCreatedLong_1».
I further certify that to my knowledge:
• The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of
Attorney and that the Power of Attorney and my authority to act under the Power of Attorney have not
terminated;
• If the Power of Attorney was drafted to become effective upon the happening of an event or contingency,
the event or contingency has occurred;
• If I was named as a successor agent, that the prior agent is no longer able or willing to serve; and
• (Insert other relevant statements:
______________________________________________________________________________________
______________________________________________________________________
SIGNATURE AND ACKNOWLEDGMENT
Date
Agent’s Signature
Agent’s Name Printed:
Agent’s Address:
Agent’s Phone Number
This document was acknowledged before me on ____________ by __________________________.
Notary Public for Idaho:
Residing at: ______________
My commission expires: ____________
