Idaho Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Idaho who cannot decide: an agent, a guardian, or Idaho's default surrogate order. Runs in your browser; nothing is stored.

Idaho law checked against official sources on October 26, 2026.

Everything you enter stays in your browser. Nothing is sent, saved, or added to the page address. No names are asked for.

What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Idaho

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Idaho's default surrogate order

  1. Court-appointed guardian
  2. Health care agent named in an advance care planning document (Once the document's conditions for the agent to act are met)
  3. Spouse (If married)
  4. An adult child
  5. A parent
  6. Person named in a delegation of parental authority
  7. Any relative
  8. Any other competent person who represents that they are responsible for the person's health care (Self-declared; no affidavit stated)
  9. Attending health care provider, in a medical emergency (Only in an emergency when the person cannot communicate wishes)
What it covers
Covers consent to or refusal of any health care services for a person not capable of consenting. A surrogate cannot go against the person's advance care planning document or wishes expressed while capable.
If nobody on the list is available
In a medical emergency, the attending provider may authorize care at their discretion.
Who decides the person cannot decide
Applies to a person "not then capable of giving such consent"; the surrogate must have the comprehension needed to consent for themselves under 39-4503.
Limits
  • A surrogate cannot consent or refuse contrary to the person's advance care planning document or wishes expressed while capable.

Source: Idaho Code 39-4504 · Checked October 26, 2026

Law change: from January 1, 2027, 2026 Idaho Sess. Laws ch. 79, sec. 26 replaces this list. A second version takes effect January 1, 2027. The order is unchanged; only the cross-reference for a delegation of parental authority moves from 15-5-104 to 15-5-128.

Next steps

Who decides in Idaho without a power of attorney?

Idaho's default surrogate law (Idaho Code 39-4504) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if married).

Idaho's default surrogate law in full

Idaho's default surrogate order

  1. Court-appointed guardian
  2. Health care agent named in an advance care planning document (Once the document's conditions for the agent to act are met)
  3. Spouse (If married)
  4. An adult child
  5. A parent
  6. Person named in a delegation of parental authority
  7. Any relative
  8. Any other competent person who represents that they are responsible for the person's health care (Self-declared; no affidavit stated)
  9. Attending health care provider, in a medical emergency (Only in an emergency when the person cannot communicate wishes)
What it covers
Covers consent to or refusal of any health care services for a person not capable of consenting. A surrogate cannot go against the person's advance care planning document or wishes expressed while capable.
If nobody on the list is available
In a medical emergency, the attending provider may authorize care at their discretion.
Who decides the person cannot decide
Applies to a person "not then capable of giving such consent"; the surrogate must have the comprehension needed to consent for themselves under 39-4503.
Limits
  • A surrogate cannot consent or refuse contrary to the person's advance care planning document or wishes expressed while capable.

Source: Idaho Code 39-4504 · Checked October 26, 2026

Law change: from January 1, 2027, 2026 Idaho Sess. Laws ch. 79, sec. 26 replaces this list. A second version takes effect January 1, 2027. The order is unchanged; only the cross-reference for a delegation of parental authority moves from 15-5-104 to 15-5-128.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Idaho if there is no power of attorney?

Idaho's default surrogate law (Idaho Code 39-4504) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Spouse (if married). The full order, tie rule and limits are in Idaho Code 39-4504.

Does next of kin in Idaho have authority over money?

No default surrogate law covers money. In Idaho, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Idaho law checked against the official text on October 26, 2026.

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