Idaho adopted a new Financial Power of Attorney law in 2008.  Everyone is just getting used to the new forms.  Why have one?  The power of attorney allows the people you elect (your agents) to handle financial business on your behalf.  A “durable” power of attorney means it is effective even if you are incompetent.  

 

One reason for the new law was to create a system so the power’s of attorney would be accepted by more banks and financial institutions.  Under the new law a financial institution has to tell you if they won’t accept the power of attorney.  But if they tell you they won’t accept the power, there is not much you can do to enforce the power of attorney short of a lawsuit.  No one wants to go down that expensive road.  

 

So what can you do?  If you really want your power of attorney to be accepted by your bank, and you want your agents to be able to use the power if you are too ill to handle your finances, take the document to your bank now and see if they will accept it.  If not, the bank may have their own form that you can complete to make sure your agent has the power to help you and access your funds when you are unable to act.