(1) Except as otherwise provided in subsection (2) of this section or by law of this state other than this act, including section 15-12-120(2)(b), Idaho Code, a person that is asked to accept a substitute decision-making document shall accept within a reasonable time a document that purportedly meets the validity requirements of section 15-15-103, Idaho Code. The person may not require an additional or different form of document for authority granted in the document presented.
(2) A person that is asked to accept a substitute decision-making document is not required to accept the document if:
(a) The person otherwise would not be required in the same circumstances to act if requested by the individual who executed the document;
(b) The person has actual knowledge of the termination of the decision maker‘s authority or the document;
(c) The person’s request under section 15-15-105(2), Idaho Code, for the decision maker’s assertion of fact, a translation or an opinion of counsel is refused;
(d) The person in good faith believes that the document is not valid or the decision maker does not have the authority to request a particular transaction or action; or
(e) The person makes, or has actual knowledge that another person has made, a report to the local office of adult protective services stating a belief that the individual for whom a decision will be made may be subject to abuse, neglect, exploitation or abandonment by the decision maker or a person acting for or with the decision maker.
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Terms Used In Idaho Code 15-15-106

  • Decision maker: means a person authorized to act for an individual under a substitute decision-making document, whether denominated a decision maker, agent, attorney in fact, proxy, representative or by another title. See Idaho Code 15-15-102
  • Good faith: means honesty in fact. See Idaho Code 15-15-102
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality or other legal entity. See Idaho Code 15-15-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
  • Substitute decision-making document: means a record created by an individual to authorize a decision maker to act for the individual with respect to property, health care or personal care. See Idaho Code 15-15-102
(3) A person that in violation of the provisions of this section refuses to accept a substitute decision-making document is subject to:
(a) A court order mandating acceptance of the document; and
(b) Liability for reasonable attorney’s fees and costs incurred in an action or proceeding that mandates acceptance of the document.