Living Will and Durable Power of Attorney for Health Care
(ID)

Summary

This template is a long-form advance health care directive for use in Idaho to both appoint a health care agent and memorialize the principal's wishes regarding future medical treatment and preferences This template includes practical guidance, drafting notes, and alternate and optional clauses. This template is based on the statutory form provided in Idaho Code § 39-4510, but such form is not mandatory, and therefore you can modify this document to align with your client's wishes. Note, however, that any modified form must still contain the elements set forth in the Medical Consent and Natural Death Act, Idaho Code § 39-4501 et seq. See Idaho Code § 39-4510(1). This template contains both the appointment of a health care agent in the event that the principal becomes incapacitated and unable to make the decisions for himself or herself (power of attorney for health care), and health care instructions setting forth the principal's wishes concerning life-sustaining treatment (living will). Advise your client to give copies of the signed and completed document to the agent appointed as well as his or her physician (or other health care provider). In addition, your client should provide a copy to the hospital or facility prior to surgery or other medical procedure so the advance health care becomes part of the principal's medical record. See 42 USC § 1395cc(f). For additional Idaho specific documents, see Delegation of Parental Powers (ID), Will for Single Individual (Optional Trust(s) for Children) (ID), Will for Individual with Spouse (Optional Trust(s) for Spouse and/or Children) (ID), and Power of Attorney  (Durable, General) (ID). For a list of key resources that address healthcare advance planning topics, see Healthcare Advance Planning Resource Kit.