Facebook Page
Learn
 / 
Advance Healthcare Planning
 / 
Idaho Advance Directive

Idaho Advance Directive

By 

Jennifer Mcgee

·

Updated on  

November 22, 2022
·

9 Mins

 Read

When a person chooses to make a Living Will, along with the Medical Power of Attorney, these two legal documents become an Advance Directive. 

An Advance Directive may include your sign, names of witnesses, their signatures, etc. in adherence to your state’s requirements. Every state has different requirements to be followed. Some states ask for witnesses and notaries, others look for different criteria to be followed. 

Likewise, some states consider Living Will and Advance Directive as different and separate documents, whereas others consider both documents the same. In some states, Living Will and Advance Directive are used interchangeably. 

In this article, you will get a complete guide for making an Advance Directive for Healthcare in Idaho.  

Legal Requirements for a valid Advance Directive

  • Written by the grantor (maker of Advance Directive): Yes
  • Grantor must be:
  • Above the age of 18 years: Yes
  • Sound mind and memory: Yes
  • Signed by the grantor: Yes
  • Signed by Proxy/Agent: No
  • Proxy/agent accepts his role in writing: No
  • Witness required: It’s not a mandate under State laws but it’s a good idea to sign in presence of at least one witness.
  • Number of witnesses: 1/2
  • Signed by the witnesses: Yes
  • Number of documents required: 2 (Advance Directive Form + Organ Donation Form)
  • Other names for a Living Will in Idaho: Living Will
  • Other names for a Healthcare Power of attorney in Idaho: Durable Power of attorney for healthcare
  • Proxy can decide on mental health issues: Yes

Who can be your witnesses in the Idaho Advance Directive?

Anyone can be your witness in Idaho if;

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Note: Your witness cannot be: 

  • Your healthcare proxy/agent,
  • your supervising health care provider/ his employee, and
  • the operator or an employee* of a community care facility.

Unless*: The employee is related to you by blood, marriage, or adoption.

Advance Directive Idaho

Who can be your Proxy in the Idaho Advance Directive?

Anyone can be your Proxy/Agent in Idaho if

  • He is an adult i.e., above 18 years of age, and
  • He is a sound-minded person which means that he can understand the consequences of making an Advance Directive and the laws applied to it.

Who cannot be your Proxy/Agent:

  • your supervising health care provider, 
  •  if you are receiving care at a community care facility/residential care facility then its operator or its employee.
  •  if you are receiving care  at a health care institution then its employee.

Unless*: The employee is related to you by blood, marriage, or adoption.

Other than the above legal requirements, the Proxy/Agent should be:

  • Trustable to adhere to your wishes and intentions.
  • Trustable to defend you if there’s any disagreement about your medical care.
  • He wanted to be your Attorney in Fact of his own free will to take care of your health affairs.
  • He should not be your doctor or one of the caretakers.

Note: You can appoint an Alternate Proxy as well. The alternative Proxy/Agent will step in if the first person you name as a proxy is unable, unwilling, or unavailable to act for you or if you decide to revoke his authority.

Notarization required for Idaho Advance Directive?

Under Idaho state laws you do not need to notarize the Living Will and Durable Power of Attorney for Health Care. Although the state of Idaho maintains Idaho Advance Directive Registry. Your healthcare providers and loved ones would easily find a copy of your directive if you file your advance directive with the registry.

Learn about the requirements of Idaho Last Will and Testament and Idaho Last Will and Testament Template.

When does an Advance Directive come into effect in Idaho?

In Idaho, an Advance Directive becomes legally valid but doesn’t come into effect on signing the form by the grantor, proxy, and witnesses. 

An Advance directive comes into effect only when the doctor declares that you are incapable of deciding on your own and have become debilitated due to illness or injury.

Note: Your Idaho Advance Directive will not be effective in any medical crisis or emergency unless you become incapacitated to understand and communicate your wishes and consent.

How can an Advance Directive be revoked?

You can revoke or terminate your Idaho Advance Directive anytime by:

  • A written revocation,
  • An oral revocation, and
  • Tearing, burning, and obliterating or destroying the document in any other way.
  • Executing a new Advance Directive.

How to amend or change an Advance Directive? 

You can make changes or amend your Advance Directive at any time in Idaho but once you have signed and witnessed/notarized it you have to remake a new document with the required changes. It is recommended to go through, double-check, and make sure of everything before signing the Advance Directive.

Idaho rules for pregnancy after making your Advance Directive

Idaho state laws mention that a pregnant patient’s preferences in the Advance Directive will not be honored if it is possible that the fetus is viable and could develop to the point of live birth with continued application of life-sustaining treatment. However, if you cannot make your own decisions your agent will still be able to make decisions for you.

Document 1: Living Will + Durable Power of Attorney= Advance Directive

Sections of the Idaho Advance Directive Form

Section 1: Living Will

This section states your wishes regarding medical care when your doctor determines that either: 

  • that you are terminally ill and to prolong artificially your life you would need artificial life-sustaining procedures or your death will occur with or without the use of life-sustaining procedures, or 
  • that you are in a persistent vegetative state.

Idaho Advance Directive Sample Form

SECTION 1: A LIVING WILL 


A DIRECTIVE TO WITHHOLD OR TO PROVIDE TREATMENT 


Date of Directive: 


Your name: 


Address: 


1. Being of sound mind, I willfully and voluntarily make known my desire that my life shall not be prolonged artificially under the circumstances set forth below. 


This Directive shall only be effective if I am unable to communicate my instructions and: (a) I have an incurable or irreversible injury, disease, illness or condition and a medical doctor who has examined me has certified: 

1. That such injury, disease, illness or condition is terminal; and 

2. That the application of artificial life-sustaining procedures would serve only to artificially prolong my life; and 

3. That my death is imminent, whether or not artificial life-sustaining procedures are employed; or 

(b) I have been diagnosed as being in a persistent vegetative state. In such an event, I direct that the following marked expression of my intent be followed, and that I receive any medical treatment or care that may be required to keep me free of pain or distress….

….

Section 2: Power of attorney for health care

You can fill this form out and provide all the details. The appointment of the Healthcare Proxy/Agent and his details will be filled along with the instructions for the Proxy/Agent to follow.

Idaho Advance Directive Sample Form

SECTION 2: POWER OF ATTORNEY FOR HEALTH CARE 


(1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health care decisions for me: 

None of the following may be designated as your agent:


(1) your treating health care provider; 

(2) a nonrelative employee of your treating health care provider; 

(3) an operator of a community care facility; or 

(4) a nonrelative employee of an operator of a community care facility. 

If the agent or an alternate agent designated in this Directive is my spouse, and our marriage is thereafter dissolved, such designation shall be thereupon revoked. 


I do hereby designate and appoint the following individual as my attorney in fact (agent) to make health care decisions for me as authorized in this Directive: 


Name of Health Care Agent: 

Address and Phone Numbers of Health Care Agent: Telephone Number of Health Care Agent: 


For the purposes of this Directive, "health care decision" means consent, refusal of consent, or withdrawal of consent to any care, treatment, service or procedure to maintain, diagnose or treat an individual's physical condition. 


2. Creation of Durable Power of Attorney for Health Care. By this portion of this Directive, I create a durable power of attorney

…..

Section 3: Execution

You must sign in the presence of two witnesses. The details of the witnesses along with their signs are also required.

Idaho Advance Directive Sample Form

SECTION 3 : EXECUTION


Date and Signature of Principal. 


(You must date and sign this Living Will and Durable Power of Attorney for Health Care.) 


I sign my name to this Statutory Form Durable Power of Attorney for Health Care at 


(date) (city) (state) 


Witnesses (Optional) 


Witness 1 


Signature: Print name: Residence address: Date: 


Witness 2 

Signature: Print name: Residence address:


……..

Document 2: Donation of organs form

Idaho Advance Directive Sample Form

Document 2 : DONATIONS OF ORGANS AT DEATH 


Initial the line next to the statement below that best reflects your wishes. 

You do not have to initial any of the statements. 


If you do not initial any of the statements, your agent or your family may have the authority to make a gift of all or part of your body under Idaho law. 

[  ] I do not want to make an organ or tissue donation and I do not want my agent or family to do so. 

[  ] I have already signed a written agreement or donor card regarding organ and tissue donation with the following individual or institution: 


Name of individual/institution: 


Pursuant to Idaho law, I hereby give, effective on my death: 


Any needed organ or parts. 

The following part or organs listed below: 

For (initial one): 

Any legally authorized purpose. 

Transplant or therapeutic purposes only



Declarant [_______]


…..


Give photocopies of the signed original to your agent and alternate agent, doctor(s), family, close friends, clergy, and anyone else who might become involved in your health care. If you enter a nursing home or hospital, have photocopies of your document placed in your medical records. 

Be sure to talk to your agent(s), doctor(s), clergy, family, and friends about your wishes concerning medical treatment. Discuss your wishes with them often, particularly if your medical condition changes.

Fax my document instantly
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Frequently Asked Questions

What type of system Idaho has to keep track of advance directives?

Idaho maintains an Advance Directive Registry so that your healthcare provider and loved ones may find a copy of your directive if you cannot provide one or become incapacitated by illness or injury.

What two types of Idaho advance directives are used in the health care setting?

The most common types of advance directives are the living will and the durable power of attorney for health care (sometimes known as the medical power of attorney).

What are the 2 major challenges with advance directives?

Advance directives have limitations. For example, an older adult may not fully understand treatment options or recognize the consequences of certain choices in the future. Sometimes, people change their minds after expressing advance directives and forget to inform others.

What is the difference between advance care planning and an advance directive?

The Advance Directive is a formalized version of your Advance Care Plan. An Advance Directive is a document through which you plan your healthcare and your preferences for your future care.

What is advanced health care directive Idaho?

An Advance Directive in Idaho is a legal-written document about your future medical care. It is a gift to family members and friends so that they won't have to guess what you want if you no longer can speak for yourself.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
Read More
Got Questions?

Hi, I’m Jennifer McGee.

Co-founder & Head of Legal at TrulyWill

Feel free to book a call with me to help you with your estate plan.

Book a free session
Contents
Do you need any help? We have a free session for you!
Talk to our team and get all the help you need to create your estate plan.
Book a free session
Thinking of creating a will to secure your loved ones?
Start your estate plan online
  • Resume anytime
  • Done from your home
  • Expert support when you need it