Fillable Printable Statutory Form Power of Attorney - Idaho

Statutory Form Power of Attorney - Idaho

IDAHO STATUTORY FORM POWER OF ATTORNEY- 1

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IDAHO STATUTORY FORM POWER OF ATTORNEY

JANE SMITH

Important Information

This power of attorney authorizes another person (your agent) to make decisions

concerning your propertyfor 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 meaningof authorityover subjects listed on this form isexplained in the uniform power of

attorney act, chapter 12, title 15, Idaho Code.

This power of attorneydoes not authorize the agent to make health care decisions for

you.

You should select someone you trust to serveas your agent. The agent’s authoritywill

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.

The form provides fordesignation of one(1) agent. If you wish to name more than one

(1) agent, you mayname a coagent in the Special Instructions. Coagents arenot required to act

together unless you include that requirement in the Special Instructions.

If your agent is unable orunwilling to act for you, your power of attorneywillend unless

you have named a successor agent. You mayalso name a second successor agent.

This power of attorneybecomes effective immediatelyunless you state otherwise in the

Special Instructions.

If youhave questions about the power of attorneyorthe authorityyou are granting to

your agent, you should seek legal advice before signing this form.

1.Designation of Agent. I, Jane Smith , name the followingperson as

my agent:

Name: Spouse

Address: 123 Main

Telephone Number: 456-7890

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2.Designation of Successor Agent(s) (Optional). If myagent is unable or unwilling

to act for me, I name as my successor agent:

Name: Sister Smith

Address: 456 Broadway

Telephone Number: 123-4567

If my successor agent is unable or unwilling to act for me, I name as my second successor

agent:

Name: Brother Smith

Address: 789 Center

Telephone Number: 987-6543

3.Grant ofGeneral Authority. I grant myagent and anysuccessor agent general

authorityto act for me with respect to thefollowingsubjects as defined inthe uniform power of

attorney act, chapter 12, title 15, Idaho Code:

(INITIALeach subject you want to include in the agent’s general authority.If you wish

to grant general authorityover all of the subjects you may initial “All Preceding Subjects”

instead of initialing each subject.)

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

Claims and Litigation

Personal and Family Maintenance

Benefits from Governmental Programs or Civil or Military Service

Retirement Plans

Taxes

All Preceding Subjects

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4.Grant of Specific Authority(Optional). Myagent MAY NOT do anyof the

following specific acts for me UNLESS I have INITIALED the specific authority listed below:

(CAUTION: Grantinganyof the following will give your agent the authorityto take

actions that could significantlyreduce your propertyor change how your propertyis distributed

at your death. INITIAL ONLY the specific authorityyou WANT to give your agent.)

Create, amend, revoke, or terminate an inter vivos trust

Make a gift, subject to the limitations of the uniform power of attorney act,

chapter12, title 15, Idaho Code, and anyspecial instructions in this power of

attorney

Make a gift without limitations except anyspecial instructions in this power of

attorney

Create or change rights of survivorship

Create or change a beneficiary designation

Authorize another person to exercise the authoritygranted under this power of

attorney

Waive the principal’s right to be a beneficiaryof a joint and survivor annuity,

including a survivor benefit under a retirement plan

Exercise fiduciary powers that the principal has authority to delegate

5.Limitation on Agent’s Authority. An agent that is not myancestor, spouse, or

descendant MAY NOT use my propertyto benefit the agent or a person to whom the agent owes

an obligation of support unless I have included that authority in the Special Instructions.

6.Special Instructions (Optional). On the following lines youmaygive special

instructions:

7.Effective Date. This power of attorneyis effective immediately unless Ihave

stated otherwise in the Special Instructions.

8.Nomination of Conservator (Optional). If itbecomes necessaryfor a court to

appoint a conservator of my estate, I nominate the following person(s) for appointment:

Name: Spouse

Address: 123 Main

Telephone Number: 456-7890

9.Relianceon This Power of Attorney. Anyperson, including myagent, mayrely

upon the validityof this power ofattorney or a copyof it unless that personknows it is

terminated or invalid.

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10.Signature and Acknowledgement.

Signature:

Date:

Name Printed: Jane Smith

Address: 123 Main

Phone Number: 456-7890

STATE OF IDAHO)

) ss.

County of Ada )

On this 2nd dayof August , 2012, before me, a NotaryPublic in and for said state,

personallyappeared Jane Smith , known oridentified to me to be the person whose name

is subscribed to the foregoingPower of Attorney, and acknowledged to me that sheexecuted the

same.

IN WITNESS WHEREOF, Ihave hereuntoset myhand and affixed my official sealthe

dayand year in this certificate first above written.

Notary Public for Idaho

Residing at

My commission expires

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IMPORTANT INFORMATION FOR AGENT

1.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. Therelationship

imposes upon youlegal duties that continue until you resign or the power of attorneyis

terminated or revoked. You must:

a.Do what youknow the principal reasonablyexpects you to do with the

principal’s propertyor, ifyou do not know the principal’s expectations, actin

the principal’s best interest;

b.Act in good faith;

c.Do nothing beyond the authority granted in this power of attorney; and

d.Disclose your identityas 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:

a.Act loyally for the principal’s benefit;

b.Avoid conflicts that would impair your abilityto act in the principal’s best

interest;

c.Act with care, competence and diligence;

d.Keep a record of all receipts, disbursements, and transactions conducted

for the principal;

e.Cooperate with any person that has authority tomake health care decisions

for the principal to do what you know the principal reasonablyexpects or,

if you do not know the principal’s expectations, to act in the principal’s

best interest; and

f.Attempt to preserve the principal’s estate plan ifyou know the plan and

preserving the plan is consistent with the principal’s best interest.

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2.Termination of Agent’s Authority. You must stop actingon behalf of the

principal if you learn of anyevent that terminates this power of attorneyor your authorityunder

this power of attorney. Events that terminate a power of attorneyor your authority to act under a

power of attorney include:

a.Death of the principal;

b.The principal’s revocation of the power of attorneyor your authority;

c.The occurrence of a termination event stated in the power of attorney;

d.The purpose of the power of attorney is fully accomplished; or

e.A legal action is filed with a court to end your marriage to the principal, or for

your legal separation, unless the Special Instructions in this power of attorney

state that such an action will not terminate your authority.

3.Liabilityof Agent. The meaning of the authority granted to you is defined in the

act. If you violate the act or act outside the authoritygranted, you maybe liable for any damages

caused byyour violation.

IF THERE IS ANYTHING ABOUT THIS DOCUMENT OR YOUR DUTIES THAT

YOU DO NOT UNDERSTAND, YOU SHOULD SEEK LEGAL ADVICE.