reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 6 - PURPOSE TRUSTS › Section 15-7-601 - PURPOSE TRUSTS.

15-7-601. PURPOSE TRUSTS. (1) A trust may be created for any purpose, charitable or noncharitable, under the terms of a trust agreement or will. A noncharitable trust so created is a purpose trust and shall exist to serve a purpose.
(2) A purpose trust does not need a beneficiary.
(3) A purpose trust shall be enforceable on the terms set forth in the trust agreement by the person named to enforce the trust; provided, however, that the failure to name a person to enforce the trust shall not void the trust or otherwise cause it to be unenforceable.
(4) A person named to enforce a purpose trust may resign or be removed or replaced in accordance with the trust.
(5) If the person named to enforce the trust resigns, or is removed, or is unwilling or unable to act, and if no successor is named in accordance with the trust, the trustee shall forthwith apply to the court having jurisdiction of the purpose trust for directions or for a person to be appointed by the court to enforce the trust. The court having jurisdiction of the purpose trust shall be empowered to make an order appointing a person to enforce the trust on such terms as it sees fit and to designate how successors will be named.
(6) During any period of time when no person is named or acting to enforce a purpose trust, the court having jurisdiction of the purpose trust shall have the right to exercise all powers necessary to enforce the trust in order to serve the purpose for which it was created.
(7) Any interested person, as defined in section 15-1-201(25), Idaho Code, may bring an action under law or equity to enforce a purpose trust.
(8) Charitable trusts are not governed by this section.
(9) A purpose trust created prior to July 1, 2005, shall be valid and enforceable from the date of the trust’s creation.
History:
[15-7-601, added 2005, ch. 99, sec. 1, p. 319; am. 2020, ch. 82, sec. 6, p. 178.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 7 - TRUST ADMINISTRATION › Part 7 - DRY TRUSTS › Section 15-7-701 - DRY TRUSTS.

15-7-701. DRY TRUSTS. A trust shall be valid and enforceable even though it may not be funded at a given time, or from time to time, or does not have any res or corpus or otherwise contain any asset of any nature.
History:
[15-7-701, added 2006, ch. 161, sec. 2, p. 482.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 1 - PURPOSE, POWERS OF COURTS AND DEFINITIONS › Section 15-8-101 - TITLE — PURPOSE.

15-8-101. TITLE — PURPOSE. (1) This chapter shall be known and may be cited as either the "Trust and Estate Dispute Resolution Act" or "TEDRA."
(2) The overall purpose of this chapter is to set forth generally applicable statutory provisions for the resolution of disputes and other matters involving trusts and estates in a single chapter under title 15, Idaho Code. The provisions of this chapter are intended to provide nonjudicial methods for the resolution of matters by agreement. This chapter also provides for judicial resolution of disputes if a nonjudicial resolution is not obtained that are alternatives to the other provisions for resolution of contested matters under other chapters of title 15, Idaho Code. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in title 15, Idaho Code, or other Idaho law.
History:
[15-8-101, added 2005, ch. 122, sec. 1, p. 397.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 1 - PURPOSE, POWERS OF COURTS AND DEFINITIONS › Section 15-8-102 - GENERAL POWERS OF COURTS — INTENT — PLENARY POWER OF THE COURT.

15-8-102. GENERAL POWERS OF COURTS — INTENT — PLENARY POWER OF THE COURT. (1) It is the intent of the legislature that the courts shall have full and ample power and authority under this chapter to administer and settle:
(a) All matters concerning the estates and assets of incapacitated, missing, and deceased persons, including matters involving nonprobate assets and powers of attorney, in accordance with this chapter; and
(b) All trusts and trust matters.
(2) If this title 15, Idaho Code, should in any case or under any circumstances be inapplicable, insufficient or doubtful with reference to the administration and settlement of matters listed in subsection (1) of this section, the court nevertheless has full power and authority to proceed with such administration and settlement in any manner and way that to the court seems right and proper, all to the end that the matters be expeditiously administered and settled by the court.
History:
[15-8-102, added 2005, ch. 122, sec. 1, p. 398.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-201 - PERSONS ENTITLED TO JUDICIAL PROCEEDINGS FOR DECLARATION OF RIGHTS OR LEGAL RELATIONS.

15-8-201. PERSONS ENTITLED TO JUDICIAL PROCEEDINGS FOR DECLARATION OF RIGHTS OR LEGAL RELATIONS. (1) Any party may have a judicial proceeding for the declaration of rights or legal relations with respect to:
(a) Any matter, as defined in section 15-8-103, Idaho Code;
(b) The resolution of any other case or controversy that arises under the Idaho Code and referenced judicial proceedings under this chapter; or
(c) The determination of the persons entitled to notice under section 15-8-204, Idaho Code.
(2) The provisions of this chapter apply to disputes arising in connection with estates of incapacitated persons unless otherwise covered by chapter 5, title 15, Idaho Code. The provisions of this chapter shall not supersede, but shall supplement, any otherwise applicable provisions and procedures contained in title 15, Idaho Code, or other Idaho law. The provisions of this chapter shall not apply to actions for wrongful death under any other chapter or title of Idaho Code.
History:
[15-8-201, added 2005, ch. 122, sec. 1, p. 400.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-202 - JUDICIAL PROCEEDINGS.

15-8-202. JUDICIAL PROCEEDINGS. (1) The provisions of this chapter shall control over any inconsistent provision of the Idaho rules of civil procedure.
(2) A judicial proceeding under this chapter may be commenced as a new action or as an action incidental to an existing judicial proceeding relating to the same trust or estate or nonprobate asset.
(3) Once commenced, the action may be consolidated with an existing proceeding or converted to a separate action upon the motion of a party for good cause shown, or by the court on its own motion.
(4) The Idaho rules of civil procedure apply to judicial proceedings under this chapter only to the extent that they are consistent with this chapter, unless otherwise provided by Idaho Code, or ordered by the court under section 15-8-102, Idaho Code, or provided by other applicable Idaho rules of civil procedure.
History:
[15-8-202, added 2005, ch. 122, sec. 1, p. 400.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-203 - PROCEDURAL RULES.

15-8-203. PROCEDURAL RULES. The Idaho rules of civil procedure apply to all proceedings under part 2 of this chapter.
History:
[15-8-203, added 2005, ch. 122, sec. 1, p. 401.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-204 - NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE.

15-8-204. NOTICE IN JUDICIAL PROCEEDINGS UNDER THIS CHAPTER REQUIRING NOTICE. (1) Subject to section 15-8-207, Idaho Code, in all judicial proceedings under this chapter that require notice, the notice must be personally served on or mailed to all parties or the parties’ virtual representatives at least fourteen (14) days before the hearing on the petition, unless a different period is provided by statute or ordered by the court. The date of service shall be determined under the Idaho rules of civil procedure.
(2) Proof of the service or mailing required in this section must be made by affidavit or declaration filed at or before the hearing.
History:
[15-8-204, added 2005, ch. 122, sec. 1, p. 401.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-205 - APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION.

15-8-205. APPLICATION OF DOCTRINE OF VIRTUAL REPRESENTATION. (1) This section is intended to adopt the common law concept of virtual representation. This section supplements the common law relating to the doctrine of virtual representation and the provisions of section 15-1-403, Idaho Code, and shall not be construed as limiting the application of that common law doctrine or the provisions of section 15-1-403, Idaho Code.
(2) Any notice requirement in this chapter is satisfied if notice is given as follows:
(a) Where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to persons who comprise a certain class upon the happening of a certain event, notice may be given to the living persons who would constitute the class if the event had happened immediately before the commencement of the proceedings requiring notice, and the persons shall virtually represent all other members of the class;
(b) Where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to a living person, and the same interest, or a share in it, is to pass to the surviving spouse or to persons who are, or might be, the distributees, heirs, issue, or other kindred of that living person upon the happening of a future event, notice may be given to that living person, and the living person shall virtually represent the surviving spouse, distributees, heirs, issue, or other kindred of the person; and
(c) Except as otherwise provided in this subsection (2), where an interest in an estate, trust, or nonprobate asset, or an interest that may be affected by a power of attorney, has been given to a person or a class of persons, or both, upon the happening of any future event, and the same interest or a share of the interest is to pass to another person or class of persons, or both, upon the happening of an additional future event, notice may be given to the living person or persons who would take the interest upon the happening of the first event, and the living person or persons shall virtually represent the persons and classes of persons who might take upon the happening of the additional future event.
(3) A party is not virtually represented by a person receiving notice if a conflict of interest involving the matter is known to exist between the notified person and the party.
(4) An action taken by the court is conclusive and binding upon each person receiving actual or constructive notice or who is otherwise virtually represented.
History:
[15-8-205, added 2005, ch. 122, sec. 1, p. 401.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-206 - SPECIAL NOTICE.

15-8-206. SPECIAL NOTICE. Nothing in this chapter eliminates the requirement to give notice to a person who has filed a demand for notice pursuant to section 15-3-204, Idaho Code.
History:
[15-8-206, added 2005, ch. 122, sec. 1, p. 402.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-207 - WAIVER OF NOTICE.

15-8-207. WAIVER OF NOTICE. Notwithstanding any other provision of this chapter, notice of a hearing does not need to be given to a legally competent person who has waived in writing notice of the hearing in person or by attorney, or who has appeared at the hearing without objecting to the lack of proper notice or personal jurisdiction. The waiver of notice may apply either to a specific hearing or to any and all hearings and proceedings to be held, in which event the waiver of notice is of continuing effect unless subsequently revoked by the filing of a written notice of revocation of the waiver and the mailing of a copy of the notice of revocation of the waiver to the other parties. Unless notice of a hearing is required to be given by publication, if all persons entitled to notice of the hearing waive the notice or appear at the hearing without objecting to the lack of proper notice or personal jurisdiction, the court may hear the matter immediately. A guardian or conservator or a guardian ad litem may make the waivers on behalf of the incapacitated person, and a trustee may make the waivers on behalf of any competent or incapacitated beneficiary of the trust. A consul or other representative of a foreign government, whose appearance has been entered as provided by law on behalf of any person residing in a foreign country, may make the waiver of notice on behalf of the person.
History:
[15-8-207, added 2005, ch. 122, sec. 1, p. 402.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-208 - COST — ATTORNEY’S FEES.

15-8-208. COST — ATTORNEY’S FEES. (1) Either the district court or the court on appeal may, in its discretion, order costs, including reasonable attorney’s fees, to be awarded to any party:
(a) From any party to the proceedings;
(b) From the assets of the estate or trust involved in the proceedings; or
(c) From any nonprobate asset that is the subject of the proceedings. The court may order the costs to be paid in such amount and in such manner as the court determines to be equitable.
(2) This section applies to all proceedings governed by this chapter including, but not limited to, proceedings involving trusts, decedent’s estates and properties, and guardianship matters. Except as provided in section 12-117, Idaho Code, this section shall not be construed as being limited by any other specific statutory provision providing for the payment of costs, unless such statute specifically provides otherwise.
History:
[15-8-208, added 2005, ch. 122, sec. 1, p. 402.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-209 - APPOINTMENT OF A GUARDIAN AD LITEM.

15-8-209. APPOINTMENT OF A GUARDIAN AD LITEM. (1) The court, upon its own motion or upon request of one (1) or more of the parties, at any stage of a judicial proceeding or at any time in a nonjudicial resolution procedure, may appoint a guardian ad litem to represent the interests of a minor, or incapacitated, or unborn, or unascertained person, or any person whose identity or address is unknown, or a designated class of persons who are not ascertained or are not in being. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
(2) The court appointed guardian ad litem supersedes the special representative if so provided in the court order.
(3) The court may appoint the guardian ad litem at an ex parte hearing, or the court may order a hearing as provided in section 15-8-201, Idaho Code, with notice as provided in this section and section 15-8-204, Idaho Code.
(4) The guardian ad litem is entitled to reasonable compensation for services. Such compensation is to be paid from the principal of the estate or trust whose beneficiaries are represented.
History:
[15-8-209, added 2005, ch. 122, sec. 1, p. 402.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-210 - TRIAL BY JURY.

15-8-210. TRIAL BY JURY. If a party is entitled to a trial by jury and a jury is demanded, and the issues are not sufficiently made up by the written pleadings on file, the court, on due notice, shall settle and frame the issues to be tried. Any jury for any proceeding under this part 2 shall consist of six (6) jurors. If a jury is not demanded, the court shall try the issues, and sign and file its findings and decision in writing, as provided for in civil actions.
History:
[15-8-210, added 2005, ch. 122, sec. 1, p. 403.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-211 - EXECUTION ON JUDGMENTS.

15-8-211. EXECUTION ON JUDGMENTS. Judgment on the issues, as well as for costs, may be entered and enforced by execution or otherwise by the court as in civil actions.
History:
[15-8-211, added 2005, ch. 122, sec. 1, p. 403.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 2 - JUDICIAL RESOLUTION › Section 15-8-212 - APPELLATE REVIEW.

15-8-212. APPELLATE REVIEW. An interested party may seek appellate review of a final order, judgment, or decree of the court respecting a judicial proceeding under this chapter. The review must be done in the manner and way provided by law for appeals in civil actions.
History:
[15-8-212, added 2005, ch. 122, sec. 1, p. 403.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 3 - NONJUDICIAL RESOLUTION › Section 15-8-301 - PURPOSE.

15-8-301. PURPOSE. The purpose of this part 3 is to provide a binding nonjudicial procedure to resolve matters through written agreements among the parties interested in the estate or trust. The procedure is supplemental to, and may not derogate from, any other proceeding or provision authorized by statute or the common law.
History:
[15-8-301, added 2005, ch. 122, sec. 1, p. 403.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 3 - NONJUDICIAL RESOLUTION › Section 15-8-302 - BINDING AGREEMENT.

15-8-302. BINDING AGREEMENT. Sections 15-8-301 through 15-8-305, Idaho Code, shall be applicable to the resolution of any matter, as defined in section 15-8-103, Idaho Code, other than matters subject to chapter 5, title 15, Idaho Code, or a trust for a minor or other incapacitated person created at its inception by the judgment or decree of a court unless the judgment or decree provides that sections 15-8-301 through 15-8-305, Idaho Code, shall be applicable. If all parties agree to a resolution of any such matter, then the agreement shall be evidenced by a written agreement signed by all parties. Subject to the provisions of section 15-8-304, Idaho Code, the written agreement shall be binding and conclusive on all persons interested in the estate or trust. The agreement shall identify the subject matter of the dispute and the parties. If the agreement or a memorandum of the agreement is to be filed with the court under section 15-8-303, Idaho Code, the agreement may, but need not, include provisions specifically addressing jurisdiction, governing law, the waiver of notice of the filing and the discharge of any special representative who has acted with respect to the agreement. If a party who virtually represents another person under section 15-8-205, Idaho Code, signs the agreement, then the party’s signature constitutes the signature of all persons whom the party virtually represents, and all the virtually represented persons shall be bound by the agreement.
History:
[15-8-302, added 2005, ch. 122, sec. 1, p. 403.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 3 - NONJUDICIAL RESOLUTION › Section 15-8-303 - ENTRY OF AGREEMENT WITH COURT — EFFECT.

15-8-303. ENTRY OF AGREEMENT WITH COURT — EFFECT. (1) Any party, or a party’s legal representative, may file the written agreement or a memorandum summarizing the written agreement with the court having jurisdiction over the estate or trust. However, if a special representative is a party to the written agreement, the agreement or a memorandum of its terms may not be filed within thirty (30) days of the agreement’s execution by all parties unless the written consent of the special representative is filed along with, or included within, the provision of such agreement or memorandum. The agreement or a memorandum of its terms may be filed after a special representative has commenced a proceeding under section 15-8-304, Idaho Code, only after the court has determined that the special representative has adequately represented and protected the parties represented. Failure to complete any action authorized or required under this subsection does not cause the written agreement to be ineffective and the agreement is nonetheless binding and conclusive on all persons interested in the estate or trust.
(2) On filing the agreement or memorandum, the agreement will be deemed approved by the court and is equivalent to a final court order binding on all persons interested in the estate or trust.
History:
[15-8-303, added 2005, ch. 122, sec. 1, p. 404.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 8 - TRUST AND ESTATE DISPUTE RESOLUTION ACT › Part 3 - NONJUDICIAL RESOLUTION › Section 15-8-304 - JUDICIAL APPROVAL OF AGREEMENT.

15-8-304. JUDICIAL APPROVAL OF AGREEMENT. Within thirty (30) days of execution of the agreement by all parties, the special representative may notice a hearing for presentation of the written agreement to a court of competent jurisdiction. The special representative shall provide notice of the time and date of the hearing to each party to the agreement whose address is known, unless such notice has been waived. Proof of mailing or delivery of the notice must be filed with the court. At such hearing, the court shall review the agreement on behalf of the parties represented by the special representative. The court shall determine whether or not the interests of the represented parties have been adequately represented and protected, and an order declaring the court’s determination shall be entered. If the court determines that such interests have not been adequately represented and protected, the agreement shall be declared of no effect.
History:
[15-8-304, added 2005, ch. 122, sec. 1, p. 404.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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 make health care decisions;
(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
History:
[15-12-103, added 2008, ch. 186, sec. 2, p. 561.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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 if the principal acknowledges the signature before a notary public or other individual authorized to take acknowledgments, including as set forth in section 51-109, Idaho Code.
History:
[15-12-105, added 2008, ch. 186, sec. 2, p. 561; am. 2017, ch. 192, sec. 10, p. 455.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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 execution complied with the law of this state as it existed at the time of execution.
(3) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(a) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 15-12-107, Idaho Code; or
(b) The requirements for a military power of attorney pursuant to 10 U.S.C. section 1044b, as amended.
(4) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
History:
[15-12-106, added 2008, ch. 186, sec. 2, p. 561.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-107 - MEANING AND EFFECT OF POWER OF ATTORNEY.

15-12-107. MEANING AND EFFECT OF POWER OF ATTORNEY. The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
History:
[15-12-107, added 2008, ch. 186, sec. 2, p. 562.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-108 - NOMINATION OF CONSERVATOR — RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY.

15-12-108. NOMINATION OF CONSERVATOR — RELATION OF AGENT TO COURT-APPOINTED FIDUCIARY. (1) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate are thereafter commenced.
(2) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, including appointment of a temporary conservator pursuant to section 15-5-407A, Idaho Code, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is terminated unless otherwise ordered by the court.
History:
[15-12-108, added 2008, ch. 186, sec. 2, p. 562; am. 2013, ch. 144, sec. 1, p. 341.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-109 - WHEN POWER OF ATTORNEY EFFECTIVE.

15-12-109. WHEN POWER OF ATTORNEY EFFECTIVE. (1) A power of attorney is effective when executed unless the principal provides in the power of attorney that it is to become effective at a future date or upon the occurrence of a future event or contingency.
(2) If a power of attorney is to become effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one (1) or more persons to determine in a writing or other record that the event or contingency has occurred.
(3) If a power of attorney is to become effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:
(a) A physician or licensed psychologist that the principal is incapacitated within the meaning of section 15-12-102(5)(a), Idaho Code; or
(b) A licensed attorney at law, judge or appropriate governmental official that the principal is incapacitated within the meaning of section 15-12-102(5)(b), Idaho Code.
(4) A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative as defined in, and pursuant to, the health insurance portability and accountability act, sections 1171 through 1179 of the social security act, 42 U.S.C. section 1320d through 1320d-8, as amended, and applicable regulations, to obtain access to the principal’s health care information and communicate with the principal’s health care provider.
History:
[15-12-109, added 2008, ch. 186, sec. 2, p. 562.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-110 - TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY.

15-12-110. TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY. (1) A power of attorney terminates when:
(a) The principal dies;
(b) The principal becomes incapacitated, if the power of attorney is not durable;
(c) The principal revokes the power of attorney;
(d) The power of attorney provides it terminates;
(e) The purpose of the power of attorney is accomplished; or
(f) The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
(2) An agent’s authority terminates when:
(a) The principal revokes the agent’s authority;
(b) The agent dies, becomes incapacitated or resigns;
(c) An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or
(d) The power of attorney terminates.
(3) Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the power of attorney terminates, notwithstanding a lapse of time since the execution of the power of attorney.
(4) Termination of an agent’s authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(5) Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
History:
[15-12-110, added 2008, ch. 186, sec. 2, p. 563.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-111 - COAGENTS AND SUCCESSOR AGENTS.

15-12-111. COAGENTS AND SUCCESSOR AGENTS. (1) A principal may designate two (2) or more persons to act as coagents. Unless a power of attorney otherwise provides, each coagent may exercise its authority independently.
(2) A principal may designate one (1) or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve, including a successor coagent. A principal may grant to an agent or other person designated by name, office or function, authority to designate one (1) or more successor agents, including a successor coagent. Unless a power of attorney otherwise provides, a successor agent:
(a) Has the same authority as that granted to the original agent; and
(b) May not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
(3) Except as otherwise provided in the power of attorney and subsection (4) of this section, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
(4) An agent that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
History:
[15-12-111, added 2008, ch. 186, sec. 2, p. 563.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-112 - REIMBURSEMENT AND COMPENSATION OF AGENT.

15-12-112. REIMBURSEMENT AND COMPENSATION OF AGENT. Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.
History:
[15-12-112, added 2008, ch. 186, sec. 2, p. 564.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-113 - AGENT’S ACCEPTANCE.

15-12-113. AGENT’S ACCEPTANCE. Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
History:
[15-12-113, added 2008, ch. 186, sec. 2, p. 564.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-115 - EXONERATION OF AGENT.

15-12-115. EXONERATION OF AGENT. A provision in a power of attorney relieving the agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision:
(1) Relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or
(2) Was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.
History:
[15-12-115, added 2008, ch. 186, sec. 2, p. 565.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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;
(d) The principal’s spouse, parent or descendant;
(e) An individual who would qualify as a presumptive heir of the principal;
(f) A person named as a beneficiary to receive any property, benefit or contractual right on the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate;
(g) A governmental agency having regulatory authority to protect the welfare of the principal;
(h) The principal’s caregiver or another person that demonstrates sufficient interest in the principal’s welfare; and
(i) A person asked to accept the power of attorney.
(2) Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent’s authority or the power of attorney.
(3) The court may award reasonable attorney’s fees and costs to the prevailing party in a proceeding under this section.
History:
[15-12-116, added 2008, ch. 186, sec. 2, p. 565.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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 for the attorney’s fees and costs, and other professional fees and costs, paid on the agent’s behalf.
History:
[15-12-117, added 2008, ch. 186, sec. 2, p. 566.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › 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 successor agent; or
(2) If there is no person described in subsection (1) of this section, to:
(a) The principal’s caregiver;
(b) Another person reasonably believed by the agent to have sufficient interest in the principal’s welfare; or
(c) A governmental agency having authority to protect the welfare of the principal.
History:
[15-12-118, added 2008, ch. 186, sec. 2, p. 566.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-119 - ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY.

15-12-119. ACCEPTANCE OF AND RELIANCE UPON AN ACKNOWLEDGED POWER OF ATTORNEY. (1) For purposes of this section and section 15-12-120, Idaho Code, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgments.
(2) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 15-12-105, Idaho Code, that the signature is genuine.
(3) A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid or terminated, that the purported agent’s authority is void, invalid or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney were genuine, valid and still in effect, the agent’s authority were genuine, valid and still in effect, and the agent had not exceeded and had properly exercised the authority.
(4) A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:
(a) An agent’s certification under penalty of perjury of any factual matter concerning the principal, the agent or the power of attorney;
(b) An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and
(c) An opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.
(5) An English translation or an opinion of counsel requested under this section must be provided at the principal’s expense unless the request is made more than seven (7) business days after the power of attorney is presented for acceptance.
(6) For purposes of this section and section 15-12-120, Idaho Code, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
History:
[15-12-119, added 2008, ch. 186, sec. 2, p. 566.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-120 - LIABILITY FOR REFUSAL TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY.

15-12-120. LIABILITY FOR REFUSAL TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY. (1) Except as otherwise provided in subsection (2) of this section:
(a) A person must either accept an acknowledged power of attorney or request an agent’s certification, a translation or an opinion of counsel pursuant to section 15-12-119(4), Idaho Code, within seven (7) business days after presentation of the power of attorney for acceptance;
(b) If a person requests an agent’s certification, a translation, or an opinion of counsel under section 15-12-119(4), Idaho Code, the person must accept the power of attorney no later than five (5) business days after receipt of the certification, translation or opinion of counsel; and
(c) A person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.
(2) A person is not required to accept an acknowledged power of attorney if:
(a) The person is not otherwise required to engage in a transaction with the principal in the same circumstances;
(b) Engaging in a transaction with the agent or the principal in the same circumstances would not be consistent with federal law;
(c) The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power;
(d) A request for a certification, a translation, or an opinion of counsel under section 15-12-119(4), Idaho Code, is refused;
(e) The person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not an agent’s certification, a translation or an opinion of counsel has been requested or provided; or
(f) The person makes, or has actual knowledge that another person has made, a report to the local adult protective services office stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation or abandonment by the agent or a person acting for or with the agent.
(3) A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:
(a) A court order mandating acceptance of the power of attorney; and
(b) Liability for reasonable attorney’s fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.
History:
[15-12-120, added 2008, ch. 186, sec. 2, p. 567.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-121 - PRINCIPLES OF LAW AND EQUITY.

15-12-121. PRINCIPLES OF LAW AND EQUITY. Unless displaced by a provision of this chapter, the principles of law and equity supplement this chapter.
History:
[15-12-121, added 2008, ch. 186, sec. 2, p. 568.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-122 - LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES.

15-12-122. LAWS APPLICABLE TO FINANCIAL INSTITUTIONS AND ENTITIES. This chapter does not supersede any law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
History:
[15-12-122, added 2008, ch. 186, sec. 2, p. 568.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 15-12-123 - REMEDIES UNDER OTHER LAW.

15-12-123. REMEDIES UNDER OTHER LAW. The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state.
History:
[15-12-123, added 2008, ch. 186, sec. 2, p. 568.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 12 - UNIFORM POWER OF ATTORNEY ACT › Part 2 - AUTHORITY › Section 15-12-201 - AUTHORITY THAT REQUIRES SPECIFIC GRANT — GRANT OF GENERAL AUTHORITY.

15-12-201. AUTHORITY THAT REQUIRES SPECIFIC GRANT — GRANT OF GENERAL AUTHORITY. (1) An agent under a power of attorney may exercise the following authority on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and exercise is not otherwise prohibited by other agreement or instrument to which the authority or property is subject:
(a) Create, amend, revoke or terminate an inter vivos trust;
(b) Make a gift;
(c) Create or change rights of survivorship;
(d) Create or change a beneficiary designation;
(e) Delegate authority granted under the power of attorney;
(f) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or
(g) Exercise fiduciary powers that the principal has authority to delegate.
(2) Notwithstanding a grant of authority to exercise authority in subsection (1) of this section, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse or descendant of the principal, may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer or otherwise.
(3) Subject to subsections (1), (2), (4) and (5) of this section, if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 15-12-204 through 15-12-216, Idaho Code.
(4) Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 15-12-217, Idaho Code.
(5) Subject to subsections (1), (2) and (4) of this section, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
(6) Authority granted in a power of attorney is exercisable with respect to a property interest that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
(7) An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
History:
[15-12-201, added 2008, ch. 186, sec. 2, p. 568.]