Section 15-8-305 – SPECIAL REPRESENTATIVE.
15-8-305. SPECIAL REPRESENTATIVE. (1) (a) The personal representative or trustee may petition the court having jurisdiction over the matter for the appointment of a special representative to represent a person who is interested in the estate or trust and: (i) Who is a minor; (ii) Who is incompetent or disabled; (iii) Who is yet unborn […]
Section 15-12-116 – JUDICIAL RELIEF.
15-12-116. JUDICIAL RELIEF. (1) The following persons may petition a court to construe a power of attorney or review the agent’s conduct, and grant appropriate relief: (a) The principal or the agent; (b) A guardian, conservator or other fiduciary acting for the principal; (c) A person authorized to make health care decisions for the principal; […]
Section 15-12-101 – SHORT TITLE.
15-12-101. SHORT TITLE. This chapter may be known and cited as the "Uniform Power of Attorney Act." History: [15-12-101, added 2008, ch. 186, sec. 2, p. 560.]
Section 15-12-117 – AGENT’S LIABILITY.
15-12-117. AGENT’S LIABILITY. An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to: (1) Restore the value of the principal’s property to what it would have been had the violation not occurred; and (2) Reimburse the principal or the principal’s successors in interest […]
Section 15-12-102 – DEFINITIONS.
15-12-102. DEFINITIONS. In this chapter: (1) "Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. The term includes an original agent, coagent, successor agent or a person to which an agent’s authority is delegated. (2) "Durable" with respect to a power […]
Section 15-12-118 – AGENT’S RESIGNATION — NOTICE.
15-12-118. AGENT’S RESIGNATION — NOTICE. If a power of attorney does not provide the method for an agent’s resignation, an agent may resign by giving written notice to the principal and, if the principal is incapacitated: (1) To the conservator or guardian, if one (1) has been appointed for the principal, and a coagent or […]
Section 15-12-103 – APPLICABILITY.
15-12-103. APPLICABILITY. This chapter applies to all powers of attorney except: (1) A power to the extent it is coupled with an interest in the subject of the power, including, but not limited to, a power given to or for the benefit of a creditor in connection with a credit transaction; (2) A power to […]
Section 15-12-104 – POWER OF ATTORNEY IS DURABLE.
15-12-104. POWER OF ATTORNEY IS DURABLE. A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal. History: [15-12-104, added 2008, ch. 186, sec. 2, p. 561.]
Section 15-12-105 – EXECUTION OF POWER OF ATTORNEY.
15-12-105. EXECUTION OF POWER OF ATTORNEY. A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual directed by the principal to sign the principal’s name on the power of attorney, including as set forth in section 73-114, Idaho Code. The signature is presumed to be genuine […]
Section 15-12-106 – VALIDITY OF POWER OF ATTORNEY.
15-12-106. VALIDITY OF POWER OF ATTORNEY. (1) A power of attorney executed in this state on or after the effective date of this chapter is valid if its execution complies with section 15-12-105, Idaho Code. (2) A power of attorney executed in this state before the effective date of this chapter is valid if its […]