Idaho Living Will (Advanced Medical Directive)

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IDAHO LEGAL INFORMATION

Living Will (Advanced Medical Directive)-- Links and Statutes

  • Witnesses: Two witnesses OR a notary are necessary to the signature of the maker;
  • Who may be a witness? None of the following may be used as a witness: (1) a person you designate as your agent or alternate agent, (2) a health care provider, (3) an employee of a health care provider, (4) the operator of a community care facility, (5) an employee of an operator of a community care facility. At least one of the witnesses must further attest as follows: "I further declare under penalty of perjury under the laws of Idaho that I am not related to the principal by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law."
    See Idaho Code Section 39-4505.
  • Notary: Notary only required in Idaho to a living will IF the document is not witnessed by 2 witnesses who meet the above requirements;
  • Must health care agent sign form? No requirement that health care agent sign form;
  • Idaho Statutes containing living will requirements: Idaho Code Section 39-4504; See also Idaho Code Section 39-4503 for statutory definitions of terms used in Idaho living wills.
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