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What is an Idaho Living Will?

An Idaho living will, also referred to as an Idaho advance directive, is an estate planning tool that documents your health care decisions related to medical conditions, such as a persistent vegetative state, in the event that you are no longer able to voice your desires about treatment options. It is a legal document. Additionally, an Idaho living will is used to name someone to make your medical decisions if you can no longer do it for any reason. In the living will, this is the name of the health care agent. Your named agent cannot be your doctor, an employee of your doctor (unless they are family members related to you by marriage, blood, or adoption), an operator of a community care facility, or an employee of a community care facility (unless they are related to you by marriage, blood, or adoption). An Idaho living will does not need to be witnessed or notarized, but having it witnessed or notarized can reduce the likelihood that the document is thrown out.

Because an advance directive is a statement of desires that can include special provisions and is related to long-term care planning, you should think carefully about all medical treatment, care, and whether you would like to make a designation of alternate agents. The living will makes difficult decisions much easier for your loved ones. You should also know that a living will and durable power of attorney for health care do not function in the same way. A durable power of attorney does not allow your health care agent to make end-of-life decisions.

Idaho Living Will Law

Title 39, Chapter 45: The Medical Consent and Natural Death Act explains that any competent person may create a living will for healthcare decisions. The law also provides a draft of a living will. The terms of the post form require several pieces of information including:

  • The name, address, and telephone number of the health care agent
  • The date and signature of the principal
  • Revocation of prior designations
  • A place for the principal to affirm "I have discussed these decisions..."
  • A place for the principal to affirm "I have not completed a physician order for scope of treatment..."
  • A space for an additional statement

An Idaho living will give you the opportunity to make your wishes known only related to your healthcare. To explain your wishes for your assets and to name a guardian for any minor children, you should create an Idaho Last Will and Testament.        

Download a PDF or Word Template

Idaho Living Will

Idaho Power of Attorney

Idaho Last Will and Testament

Idaho Medical Consent