How to Revoke a Power of Attorney in Idaho: Step-by-Step Guide

Whether you have changed your mind about who should manage your affairs, your circumstances have changed, or you suspect your agent is misusing their authority, revoking a power of attorney in Idaho is straightforward — but only if you follow every step. A partial revocation leaves the agent with apparent authority that third parties are legally protected in relying on.

Who Can Revoke

Only the principal — the person who created the POA — can revoke it. And the principal must have mental capacity at the time of revocation. If someone has advanced dementia and can no longer understand the nature of the revocation, they cannot revoke the POA themselves. In that situation, an interested person would need to petition the court to modify or terminate the agent's authority.

A POA also terminates automatically under Idaho law when:

• The principal dies
• The principal becomes incapacitated (only if the POA is specifically non-durable)
• A court appoints a guardian or conservator and the court order limits or revokes the agent's authority
• The agent dies, becomes incapacitated, or resigns

Step 1: Draft a Written Revocation

Idaho does not have a mandatory revocation form, but the revocation must be in writing. The document should include:

• The principal's full legal name
• A clear statement that the power of attorney is revoked
• The date of the original POA being revoked
• The name of the agent whose authority is being terminated
• Whether the revocation applies to all powers or only specific ones
• The date of the revocation
• The principal's signature

Get the revocation notarized. While Idaho law does not explicitly require notarization for revocation, having it notarized prevents the agent or third parties from claiming the revocation is not genuine.

Step 2: Notify the Agent

Deliver a copy of the revocation to the agent directly. Until the agent receives actual notice of the revocation, they may continue to act under the POA — and third parties who rely on those actions in good faith are protected under Idaho Code Section 15-12-118.

Use a method that creates proof of delivery: hand delivery with a signed receipt, certified mail with return receipt, or a process server. Keep a copy of the proof.

Step 3: Notify All Third Parties

Send copies of the revocation to every institution that has the original POA on file:

• Banks and credit unions
• Investment firms and brokerage accounts
• Title companies
• The Idaho State Tax Commission (if Form ID-POA was filed)
• Insurance companies
• Any business or entity the agent was authorized to deal with

Until these institutions receive notice of the revocation, they are legally protected if they continue to honor the agent's authority in good faith. The burden is on the principal to ensure notice is delivered.

Step 4: Record the Revocation

If the original POA was recorded with the county recorder (which it should be if it authorized real estate transactions), the revocation must also be recorded in the same county recorder's office. This puts the revocation on the public record, preventing the agent from using the recorded POA for property transactions.

Recording fees are the same as for the original POA — $25 flat for documents under 30 pages. File in every county where the original was recorded.

Step 5: Retrieve or Destroy the Original

If possible, retrieve all original copies of the revoked POA. While the written revocation is legally effective regardless of whether the original document is destroyed, having the original floating around creates confusion and risk.

If you cannot retrieve the original, the recorded revocation and third-party notifications serve as your protection.

What Happens to Completed Transactions

Revocation is prospective, not retroactive. Transactions the agent completed before the revocation are still valid. If the agent sold property, signed contracts, or transferred funds before receiving notice of the revocation, those actions stand.

If you suspect the agent misused their authority before the revocation, that is a separate issue. You can petition the court under Idaho Code Section 15-12-116 for an accounting of all actions taken under the POA, and pursue civil claims for any fiduciary duty violations.

Creating a New POA After Revocation

Revoking one POA does not prevent you from creating a new one naming a different agent. If you are revoking because you want to change agents rather than eliminate the authority entirely, execute the new POA at the same time as the revocation. This ensures there is no gap in coverage.

The new POA should include a clause stating that it revokes all prior powers of attorney. This provides an additional layer of protection even if the formal revocation steps are somehow incomplete.

Our Idaho Power of Attorney Kit includes a revocation notification template with instructions for county recording and third-party notification — covering the complete lifecycle of POA creation, use, and revocation.

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