Idaho Code 15-15-105 – Reliance Upon Substitute Decision-Making Document
Current as of: 2023 | Check for updates
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(1) Except as otherwise provided for in sections 15-12-119 and 39-4513, Idaho Code, a person that in good faith accepts a substitute decision-making document without actual knowledge that the document is void, invalid or terminated, or that the authority of the purported decision maker is void, invalid or terminated, may assume without inquiry that the document is genuine, valid and still in effect and that the decision maker’s authority is genuine, valid and still in effect.
(2) A person that is asked to accept a substitute decision-making document may request and without further investigation rely upon:
(a) The decision maker’s assertion of a fact concerning the individual for whom a decision will be made, the decision maker or the document;
(b) A translation of the document if the document contains, in whole or in part, language other than English; and
(c) An opinion of counsel regarding any matter of law concerning the document if the person provides in a record the reason for the request.
Terms Used In Idaho Code 15-15-105
- 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Idaho Code 15-15-102
- 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