One of the only sure things in life is death, but often we don't have the legal capacity to provide consent for medical procedures toward the end of our lives, particularly in the case of dementia or unconsciousness. In order to make sure our preferences are known (and honored), we have the option of drafting a living will (also called a "health care directive"). A living will is technically not a will, but is a legally binding a document where we can state whether we want to be kept alive through artificial means, whether we want our remains to be donated to science, and other considerations. Living wills also provide guidelines for your health care agent to follow in conjunction with a durable power of attorney.
Idaho Living Will Laws at a Glance
The main provisions of Idaho's living will law are listed in the table below. See FindLaw's Living Wills Basics section for more articles.
| Code Section | 39-4501. et seq. Natural Death Act |
| Specific Powers, Life-Prolonging Acts | Any medical procedure or intervention which utilizes mechanical means to sustain or supplant a vital function serving only to artificially prolong the moment of death and where death is imminent whether or not procedures are utilized; does not include the administration of medication or a medical procedure to alleviate pain |
| Legal Requirements for Valid Living Will | (1) Of sound mind; (2) emancipated minor or 18 yrs. or older; (3) voluntarily made; (4) 2 witnesses must sign; (5) not enforced during course of pregnancy |
| Revocation of Living Will | Revocable at any time by declarant without regard to competence by (1) destruction of the document; (2) by written, signed revocation; (3) by verbal expression of intent to revoke |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Living Will | Physician may withdraw without civil or criminal liability provided the physician makes a good faith effort to assist the patient in transferring before his/her withdrawal |
| Immunity for Attending Physician | No civil or criminal liability for a physician acting in accordance with the wishes of the patient as expressed by statutory procedure |
Note: State laws are always subject to change through the decisions of higher courts and the enactment of newly signed legislation. You may want to contact an Idaho living wills attorney or conduct your own legal research to verify the state law(s) you are researching.
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Idaho Living Will Laws: Related Resources
