Powers of Attorney

Powers of Attorney are essential documents that ensure people you trust will take care of you and your affairs if you become unable to do so yourself. They’re not just for elderly people or those with chronic illnesses. An accident or sudden illness can happen at any age. Without Powers of Attorney, even your closest family members may not be legally authorized to help you.

What Are Powers of Attorney?

Powers of Attorney are legal documents that authorize someone you trust to act on your behalf when you can’t act for yourself. There are two main types:

Financial Power of Attorney

A Financial Power of Attorney names someone (called your “Agent”) to handle your financial matters if you become incapacitated. This includes:

  • Paying your bills and mortgage
  • Managing your bank accounts
  • Filing your taxes
  • Handling insurance claims
  • Managing investments
  • Selling property if necessary to pay for your care

Healthcare Power of Attorney (Advance Care Planning Document)

In Idaho, the Healthcare Power of Attorney is called an Advance Care Planning Document. It serves two important purposes:

First, it names your Healthcare Agent, the person who will communicate with healthcare providers on your behalf and make healthcare decisions if you’re unable to do so.

Second, it gives you an opportunity to state your wishes for end-of-life care, which used to be called a “Living Will.”

A person holding a document

Who Needs Powers of Attorney?

Every adult needs Powers of Attorney. But they are especially critical for two groups:

Unmarried People

If you’re unmarried—whether you’re single, divorced, widowed, or in a committed relationship without a marriage certificate—there’s no default person legally authorized to act on your behalf if you become incapacitated.

For healthcare: Healthcare providers won’t let your trusted family member, friend, or partner into your hospital room to visit you or make medical decisions the way they automatically would for a spouse.

For finances: Financial institutions will not allow your trusted family member, friend, or partner to manage your financial affairs the way they automatically would for a spouse.

Every unmarried adult should have Powers of Attorney in place to make sure the people they trust will be the ones making decisions on their behalf.

Young Adults

Once you turn 18, your parents are no longer legally authorized to make decisions for you, even in an emergency.

For healthcare: Healthcare providers cannot share information with your parents, let them into your hospital room, or allow them to make treatment decisions. If you’re unconscious or incapacitated, your parents may not be able to find out where you are or what’s happening to you.

For finances: Your parents can’t access any accounts that are in your name, pay your bills, or handle financial matters for you, even if you’re clearly unable to do so yourself.

Every young adult should have Powers of Attorney in place before heading off to college, moving out of state, or starting an independent life.

What Happens If I Don’t Have Powers of Attorney?

Without Powers of Attorney, if you become incapacitated, your family will have to go to court to have a conservator and/or guardian appointed to take care of your finances and healthcare decisions. The court process involves:

Your family will need to hire an attorney and pay court fees, all while dealing with a medical crisis. The court process can take weeks or even months to complete. Meanwhile, bills go unpaid, insurance claims pile up, and your family can’t access funds to pay for your care.

The court process requires detailed financial disclosures, medical evaluations, and sometimes even a hearing where your loved ones will have to publicly discuss your incapacity.

The judge will likely appoint the first person who steps up to petition for conservatorship or guardianship. This may be someone you trust or it could be the last person you would have chosen.

A court-appointed conservator or guardian has to file regular reports with the court and may need court approval for major decisions. Ongoing court supervision is expensive and time-consuming.

How Do I Get Powers of Attorney?

The best way to create Powers of Attorney is to work with an attorney experienced in estate planning.

Why Not Just Use Statutory Forms?

Idaho provides statutory Power of Attorney forms that are free and available online. While these forms are legally valid if properly completed, they come with significant risks if you don’t fully understand what you’re signing.

Statutory forms can’t:
  • Advise you on which boxes to check and which powers to grant
  • Help you decide whether to use “immediate” or “springing” Powers of Attorney
  • Talk through who would be the best Agent for financial decisions versus healthcare decisions
  • Consider how to express your end-of-life care wishes in a way that truly reflects your values
When you work with Willena, you get:
  • Thoughtful guidance on whom to name as your Agents
  • Clear explanations of the powers you are granting
  • Help understanding and expressing your end-of-life care wishes
  • Peace of mind that your documents accomplish your goals

FAQs

Powers of Attorney let you choose who can step in to handle your finances and healthcare decisions if you can’t.

Yes. After age 18, parents no longer have automatic authority to step in.

No. You stay in charge as long as you’re able.

Choose people you trust who can stay calm under pressure and make thoughtful decisions with your best interests in mind.

Statutory forms can work in very simple situations, but they’re one-size-fits-all. Without guidance, you may end up giving away too much power, too little, or the wrong kind.

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Ready to Protect Yourself and Your Loved Ones?

Creating Powers of Attorney might be one of the most important decisions you make. My clients say the peace of mind from knowing their loved ones can take care of them in a crisis is invaluable.

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What About Naming Guardians for My Children?

Powers of Attorney help while you’re alive, but they don’t let you name Guardians for your minor children after your death. For that, you need a Will.

If you have children under 18, a Will is essential, even if you also have a Trust. The Will ensures that if something happens to you, the people you trust most will raise your kids, not whomever a judge decides to appoint.

Learn more about Wills

What About a Trust?

A Trust is a way to name the people who will handle your affairs after your death and choose who receives your property. But if you’ve only heard about Trusts from TV shows or wealthy relatives, you might think they’re just for rich people. Or maybe you’ve been too intimidated to ask: what even is a Trust?

Setting up a Trust is a way to make distribution of your property after your death easier, more private, and less expensive by avoiding the court-supervised probate process. A Trust also gives you more control, letting you set detailed terms for how and when your children or other beneficiaries will receive their inheritances.

Learn more about Trusts