Idaho Living Will Requirements
Based on Idaho Code §39-4501 to 39-4515 (Medical Consent and Natural Death Act)
Quick Summary
- Document type: Advance Care Planning Document
- 2 witnesses required
- Notarization required
Witness Requirements
Idaho requires 2 witnesses who are present when you sign your advance care planning document. Witnesses have the following restrictions:
Witness restrictions:
- Idaho statute requires witnesses and notarization as mandatory elements of an advance care planning document but does not specify detailed witness disqualification criteria in the ACPD provisions
- It is recommended that witnesses not be related to the declarant, entitled to any portion of the declarant's estate, or the declarant's health care provider or employee thereof
When Your Living Will Takes Effect
Your Idaho living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable condition caused by injury, disease, or illness that, to a reasonable degree of medical certainty, will result in death.
Persistent Vegetative State
A persistent vegetative state is an irreversible condition in which the patient is in a state of partial arousal rather than true awareness and is completely unresponsive to psychological or physical stimuli, as confirmed by a neurological specialist who is an expert in the examination of nonresponsive individuals.
Irreversible Condition
An irreversible condition is one in which the patient has intact brain stem function but no higher cortical function and no awareness of self or environment, with no reasonable prospect of recovery.
Important Notes for Idaho
- Idaho follows the Medical Consent and Natural Death Act (Idaho Code Title 39, Chapter 45, §39-4501 to 39-4515)
- As of 2023 (Chapter 307), the statute replaced the term "living will" with "advance care planning document" (ACPD)
- Mandatory ACPD elements include: the person's name, date of birth, telephone number, mailing address, signature, date of execution, witness names and contact information, and notarization
- Any provisions of an ACPD that are left blank shall be deemed intentional and shall not invalidate the document
- A living will takes effect when two medical doctors certify that the declarant has a terminal and incurable illness or is permanently unconscious or in a persistent vegetative state
- No formal document is required; any document representing a competent person's authentic expression of healthcare wishes is recognized
- Idaho's advance directive pregnancy provision was updated after a 2021 federal court ruling; the old mandatory pregnancy exclusion is no longer required, and individuals may now specify their own pregnancy-related treatment preferences
- Idaho maintains an Advance Directive Registry through the Secretary of State's office
- "Comfort care" is defined as treatment that may include oxygen and medicine to relieve pain and symptoms but does not include artificial life support, artificial hydration, or artificial nutrition
Where to Get Notarized
- Banks — most offer free notary services for account holders
- UPS Store locations
- Attorney's offices
- Court clerks' offices
- AAA offices — for members
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.