Do I Need to Have My Idaho Living Will Witnessed or Notarized?

Idaho does not require witnesses or notarization for a living will or power of attorney for health care. However, witnesses are still a good idea.

In Idaho, you may describe your wishes for health care in a living will and medical power of attorney. In your living will, you may describe and document the kind of health care you would like to receive if you can no longer speak for yourself.  In your durable power of attorney for health care, you may name a trusted person (called your health care agent) to make health care decisions on your behalf in case you are no longer able to do so.

Why It's Smart to Sign Your Idaho Health Care Directives in Front of Witnesses

Idaho law does not require that your documents be witnessed or notarized, but having your documents witnessed will avoid concerns that they were forged, that you were forced to sign, or that the documents do not represent your wishes. If you choose to have your documents witnessed, your witnesses should be at least 18 years old and your health care agent should not act as a witness.

What to Do With Your Signed Health Care Directives

After you sign your documents, they are legally valid. Keep the originals in your files and give copies to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. You might also consider giving copies of your living will and power of attorney for health care to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your documents every few years to make sure they still reflect your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your health care agent is no longer able to supervise your wishes.

Your living will and health care power of attorney will stay in effect until you revoke them, if you ever choose to do so. The best way to revoke your documents is to do so in writing. If possible, also collect and tear up all copies that you distributed to others. Finally, tell everyone who knows about documents that you have revoked them.

More Information

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Idaho Living Will and Durable Power of Attorney for Health Care.

When you make a health care directive with Quicken WillMaker Plus, it will conform to Idaho law. It will also print with plain English instructions telling how to make it legal. 

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