Power of Attorney Lawyer in Idaho Falls, ID
As part of the Collaborative Legal Planning Process™ we help you identify people, called your agents, who have the authority to act on your behalf while you are alive.
Creating Powers of Attorney for your finances and healthcare allows you to delegate to another person, or group of people, the ability to make decisions when you are unable. Frequently, but not always, these people are the same as the ones you want to act as your personal representatives or trustees in your estate plan.
Planning for the future isn’t just a legal task—it’s an act of self-care. That’s why, as part of the Collaborative Legal Planning Process™, we help you name trusted individuals—called your agents—who can make decisions on your behalf if you’re unable to. Powers of Attorney are the tools that give those people the legal authority to act when it matters most. These documents are often included in our estate planning packages, but we also regularly help clients update or establish powers of attorney separately.
What Powers of Attorney Actually Do
These documents allow someone you trust to step into your shoes and make decisions when you’re unable to communicate or act for yourself—whether temporarily or permanently.
- A durable power of attorney for finances authorizes someone to manage your money, pay bills, handle property, and make other financial decisions on your behalf.
- In Idaho, medical decision-making documents are combined into what’s called the Living Will and Durable Power of Attorney for Health Care. This single form does two important things: it allows you to name someone to make healthcare decisions if you are unable, and it outlines your wishes for end-of-life care.
- When paired with a HIPAA release, this document also ensures that your chosen decision-maker can access your medical records, speak with your doctors, and coordinate care on your behalf.
- For families in more rural areas of Eastern Idaho—like Salmon, Soda Springs, or Arco—where medical care often involves long drives and multiple providers, having this plan in place can help avoid confusion and added stress in a crisis.
- It’s also important to know that Physician Orders for Scope of Treatment (POST) forms—often referred to as Do Not Resuscitate (DNR) orders—must be completed directly with your doctor. These are not handled through an attorney but are a valuable part of end-of-life planning for those with serious health concerns.
You can name the same person for both roles, or choose different agents depending on your family dynamics. For example, someone in Coeur d’Alene might name her sister— who lives locally and is a retired nurse—to handle medical decisions, while choosing her adult daughter in Boise to manage the finances. We help you think through what works best for your life and your loved ones.
Why Early Planning Matters
Without Powers of Attorney in place, your family may have to go to court to get permission to help you. That process—called a guardianship or conservatorship—can be time-consuming, expensive, and emotionally hard, especially if there are disagreements among relatives. By naming your agents ahead of time, you give your family clarity and reduce the risk of conflict or delay.
Life Changes—So Should Your Plan
The people you trust today might not be the same people you’d want making decisions ten years from now. That’s why part of our process includes helping you build a plan that’s flexible. We encourage clients to revisit their documents after major life changes—like a move, a birth, a divorce, or a change in health.
Building More Than a Document
At Alan R. Harrison Law, we don’t just hand you a form and send you on your way. We help you understand how these tools actually work and how to prepare your agents for what they might face. The goal isn’t just legal compliance—it’s confidence. Confidence that your loved ones will have what they need to help you when the time comes.
We’ll Help Make a Plan That Works When You Need It
No one likes to imagine being unable to make decisions for themselves. But preparing now—while you’re well and thinking clearly—gives you control over how your future is handled. Powers of Attorney are one of the simplest, most powerful ways to do that.
Whether you’re just getting started with estate planning or reviewing an old set of documents, we’re here to help you create something that reflects who you are and what your family needs. And because we offer virtual meetings across the state, you don’t need to live near our office to get thoughtful, personal service.
Let’s talk about what’s next—and build something that works for your life, no matter where in Idaho you call home.
Powers of Attorney Made SImple
Powers of Attorney are often created as part of an estate planning process or instead of guardianship, but can also be created by themselves. If you would like to schedule a time to talk to our team about your estate planning needs, click the link below and a Specialist will connect with you for a free consultation.
Frequently asked questions about Powers of Attorney
What is a Power of Attorney?
When you give someone else, called your agent, authority to act on your behalf, you are giving them your Power of Attorney. Powers of Attorney are created by writing out the exact authority you give your agent, and then signing the document.
When you see the word “durable” included in a Power of Attorney, that means the authority to act on your behalf does not end if you become incapacitated.
What does a Power of Attorney do?
There are multiple types of Powers of Attorney, and each type gives your agent a different ability to act on your behalf. A Power of Attorney for Finances allows your agent to make decisions about money, investments, property, and taxes. A Living Will sets out end of life decisions. Power of Attorney for Health Care allows your agent to make health care choices, except for mental health treatment or end of life decisions, which each require their own Powers of Attorney. In Idaho, the Living Will and Durable Power of Attorney for Health Care are combined into a single document for end of life and health care decisions. A Power of Attorney can also be used to temporarily give authority to another adult to make decisions for your children.
You may select different agents for each type Power of Attorney, or you may select the same agent for multiple. You should also have successor agents selected in case your first choice is unable or unwilling to act on your behalf.
It is important to know that Powers of Attorney can be revoked in writing, or verbally as long as you have not been determined to be incapacitated
Does my Power of Attorney work after I have died?
Powers of Attorney are only valid while you are alive, and thus end upon your death. When you die your personal representative (if you have a will) or your trustee (if you have a trust) are responsible for making decisions for your estate.
Are there multiple types of powers of attorney?
It is important to know that Powers of Attorney can be given separately for:
- Finances – Frequently called Power of Attorney or Financial Power of Attorney, this type must be notarized if it gives your agent the authority to make real estate decisions. More information can be found in Idaho Code § 15-12.
- Medical – Called a Living Will and Durable Power of Attorney for Health Care, you can find more information in Idaho Code § 39-4510.
- Mental Health – This type of Power of Attorney is called the Declaration for Mental Health and is specific to mental health treatment. You can find more information in Idaho Code § 66-613.
- Physician Orders for Scope of Treatment (POST) – This document can only be completed with your medical provider and deals specifically with end-of-life care. More information can be found in Idaho Code § 39-4512A
- Delegation of Parental Authority – This type of Power of Attorney is used when a parent or guardian needs to temporarily give powers for medical care and educational care for their child to another adult. You can find more information in Idaho Code § 15-5-104
How do I know who to pick to be my agent?
Agents are individuals who you trust to make decisions on your behalf when you are alive but unable. Typically a family member or trusted friend is selected as an agent.
When selecting an agent, it is important to identify an individual who is able to make the decisions you have asked them to even if other people disagree. It is helpful if they are able to get along with your family members, but that is not required. Consider someone who has the time and ability to contact financial institutions, handle paperwork, and manage the details of your care as needed.
It is important to know that an agent only has authority while you are alive. Once you have died, your personal representative or trustee will handle your estate. Because successor trustees often have authority to act if the trustee has become incapacitated, often successor trustees are named as agents for Financial Powers of Attorney.
Schedule an Appointment
We make it easy for you to start the Collaborative Legal Planning Process™. You can choose to fill out a short questionnaire and schedule a complimentary 15-minute appointment to talk about getting started, or if you are ready to get started, you can schedule your first planning meeting.