This Power of Attorney for Health Care is specifically provided for in the Idaho statutes. Its purpose is to give the person you designate (your agent) broad powers to make health care decisions for you, including the power to require, consent to, or withdraw any type of personal care or medical treatment.
Idaho Statutory Living Will and Durable Power of Attorney for Health Care
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Idaho
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ID-P016
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Description Living Will Health
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Durable Power Attorney Blank FAQ
A living will is only valid if you are unable to communicate your wishes. A health care power of attorney gives someone else (the proxy) the ability to make decisions for you regarding your health care. Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care.
With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.
A: A power of attorney generally ends upon the death of the person who executed it. The will does not come into effect until after the person's death, so in the simplest sense, the power of attorney cannot override the will.This is something you would need to discuss with a probate/estate planning attorney.
Must a living will be witnessed or notarized to be valid? No. As a result of changes to Idaho law made by the 2005 legislature, it is no longer necessary to have either a witness to your execution of a Living Will, nor to have your signature notarized.
Although it is not required, it is recommended that your Living Will and Power of Attorney for Health Care be witnessed or notarized.
A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans.
Can you have both a living will and healthcare power of attorney? Yes. Since a living will generally covers very specific issues like DNR (or do not resuscitate), it may not deal with other important medical concerns you might have.
A will protects your beneficiaries' interests after you've died, but a Lasting Power of Attorney protects your own interests while you're still alive up to the point where you die. The moment you die, the power of attorney ceases and your will becomes relevant instead.
With what is known as a durable power of attorney for health care, you can designate an agent that will make decisions that weren't covered by your living will. It is important to note that your health care agent can't overrule any of the provisions of your living will.