Signing Over Authority
Idaho Code § 15-12-104 and Idaho Code § 15-12-105 — durable unless it says otherwise, and presumed genuine when notarized
Durable unless it says otherwise. A power of attorney is durable, surviving the principal's incapacity, unless it expressly provides that incapacity ends it.
It is signed by the principal, or by another person in the principal's conscious presence at the principal's direction. The signature is presumed genuine if acknowledged before a notary public or another person authorized to take acknowledgments.
- The principal dies, or revokes it.
- It is not durable and the principal becomes incapacitated.
- It says it ends, or its purpose is accomplished.
- The agent's authority ends and no other agent is named.
Those are when it ends. An agent's authority also ends on a filing for divorce, annulment or legal separation from the principal, unless the document says otherwise.
Someone acting in good faith without knowing it has ended is protected. A particular document is a question for a licensed Idaho attorney.
Sources for this section (3)
- Idaho Code § 15-12-104 — Power of attorney is durable
- Idaho Code § 15-12-105 — Execution of power of attorney
- Idaho Code § 15-12-110 — Termination of power of attorney or agent's authority
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.