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Idaho

State Nursing Home & Assisted Living Regulations

We care about our seniors! Find all the information you need to lead a safe and healthy life in Idaho. Get the right care to fit your needs whether you continue to live at home or transition into long-term care housing. Caregivers can locate resources and support to help give their seniors the best care possible.

Staying Healthy

Idaho elder laws

Sit down with your loved ones and determine what kind of care you’ll need, such as physical care, household tasks, transportation, etc. Use the Needs Assessment Worksheet to help guide your conversation and learn who to contact to find services in your area.

Needs Assessment Worksheet 

Staying In Your Home

Home-based services and supports help you stay independent and safe in your home. Services vary based on a person's level and type of need. Services can be short-term, while recovering from an injury or illness, or long-term for many years, and can range from simple checks to more in-depth services.

Contact your local AD​RC or call (208) 334-3833 to learn about in-home care services.

Long-Term Care Facilities

There are many facility-based living options in Oregon, including adult foster care, assisted living and residential care facilities, nursing facilities, and memory care communities.

Contact your local AD​RC or call (208) 334-3833 to learn about facility-based services and supports.

Protecting Seniors

If you suspect elder abuse in Idaho, visit Idahos agency on aging to find your local adult services phone number.


Idaho Elder Abuse Laws

These laws address a variety of issues, such as:

  • abuse
  • neglect
  • exploitation
  • discrimination
  • healthcare
  • estate planning
  • guardianship
  • and rights in long-term care settings.

It's always best to check the most current legislation or consult with a legal professional for the most accurate and up-to-date information. Idaho's laws regarding elder abuse are primarily found in Title 39, Chapter 53 of the Idaho Code - the Adult Abuse, Neglect, and Exploitation Act. The law aims to protect vulnerable adults who are unable to protect themselves from abuse, neglect, or exploitation due to physical or mental impairment.

Definitions

  • Vulnerable Adult: A person eighteen years of age or older who is unable to protect himself from abuse, neglect, or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person.
  • Abuse: refers to the intentional or negligent infliction of physical pain, injury, or mental injury.
  • Neglect: refers to the failure of a caretaker to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness, including food, shelter, health care, or supervision.
  • Exploitation: means an action that may include, but is not limited to, the misuse of a vulnerable adult's funds, property, or resources by another person for profit or advantage.

Reporting Abuse

Any person who has reason to believe that a vulnerable adult is being abused, neglected, or exploited is encouraged to report the situation to the Idaho Commission on Aging or local law enforcement. This includes professionals such as doctors, nurses, or social workers, who are mandatory reporters and legally required to make a report if they suspect elder abuse.

Penalties

Penalties vary depending on the nature of the crime committed. As of 2021, abuse, neglect, or exploitation of a vulnerable adult may be classified as a misdemeanor or felony, with penalties ranging from fines to imprisonment.

Protective Services

If a vulnerable adult is found to be in a situation of abuse, neglect, or exploitation, the state can provide protective services such as casework services, social services, health services, legal services, and emergency protective services.

Financial Exploitation

Under Idaho law, financial exploitation of an elderly person is a serious crime. This could include misusing a power of attorney, coercing an elderly person to change their will, or deceiving an elderly person into signing contracts or making financial transactions.

Estate Planning and Probate Laws

Idaho laws provide for various estate planning tools such as wills, trusts, powers of attorney, and advance health care directives. Idaho follows the Uniform Probate Code, which simplifies the probate process. Estate laws in Idaho govern how a person's assets are handled, both during their lifetime and after their death.

Wills

In Idaho, any person of sound mind who is at least 18 years old can create a will. The will must be signed by the person creating it (the testator) and by two witnesses. If the will is wholly in the handwriting of the testator, it does not need to be witnessed. In the absence of a will, an estate will be distributed according to the state's intestate succession laws.

Trusts

A trust is another tool that can be used for estate planning in Idaho. The person who creates the trust (the grantor) transfers assets to the trust, which is then managed by a trustee for the benefit of the trust's beneficiaries.

Probate

Idaho follows the Uniform Probate Code, which aims to simplify the probate process. However, certain small estates may be eligible for a simplified probate process or may avoid probate altogether.

Power of Attorney

A power of attorney is a legal document that allows one person (the principal) to give another person (the agent) authority to make certain decisions on their behalf. In Idaho, a power of attorney can be used for a variety of purposes, including healthcare decisions and financial transactions.

A power of attorney (POA) is a legal document that allows a person (the principal) to appoint someone else (the agent or attorney-in-fact) to make decisions on their behalf. Types of Power of Attorney

Idaho law allows for different types of power of attorney.

  • A 'Durable' power of attorney remains in effect even if the principal becomes incapacitated.
  • A 'Health Care' power of attorney gives the agent authority to make health care decisions if the principal is unable to do so.

Creation

To create a power of attorney in Idaho, the principal must be at least 18 years old and mentally competent. The POA must be signed by the principal and witnessed by a notary public.

Termination

A power of attorney terminates when the principal dies, when the principal revokes the power, when the power of attorney provides that it terminates, when the purpose of the power of attorney is accomplished, or when the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.

Agent's Duties

Agents have a fiduciary duty to the principal, meaning they must act in the principal's best interest, avoid conflicts of interest, and carry out their duties diligently and in good faith.

Limitations

While a power of attorney is broad, there are certain actions that an agent cannot take unless the power of attorney specifically states they can. For instance, the agent cannot create, amend, or revoke a will on behalf of the principal.

Advance Health Care Directive

In Idaho, an individual can create an advance health care directive (also known as a living will) to specify their wishes regarding end-of-life medical care.

Community Property

Idaho is a community property state. This means that generally, any assets acquired during a marriage are considered jointly owned by both spouses. This can have implications for estate planning and the distribution of assets after one spouse's death.

Estate Tax

Idaho does not have a separate estate or inheritance tax. However, estates may be subject to federal estate tax.

Guardianship Laws

If an elderly person becomes incapacitated and cannot make decisions on their own, a court in Idaho may appoint a guardian to make personal and health care decisions or a conservator to manage the elder's financial affairs.

Healthcare and Medicaid

Older adults in Idaho have certain rights and protections related to healthcare. For example, they have the right to make decisions about their healthcare, to be free from discrimination, and to privacy. Medicaid in Idaho is administered by the Department of Health and Welfare and provides healthcare coverage for some low-income seniors.

Discrimination

The Idaho Human Rights Act prohibits discrimination on the basis of age in areas such as employment, housing, education, and public accommodations.

Rights in Long-Term Care

Idaho laws provide specific rights for residents of long-term care facilities, including the right to be treated with respect, to privacy, to manage personal finances, and to be free from abuse and neglect.

Senior Services

The Idaho Commission on Aging provides services and supports to help older adults live independently, such as home-delivered meals, caregiver support, and transportation assistance.

Idaho

State and Assisted Living Main Links:

Links to Assisted Living Facility Licensure and/or Compliance:

Standards for Transparency, Licensing and Certification:

Great. Star system helps exceptionally safe facilities stand out (gold star if no deficiencies, silver star if three or fewer non-core deficiencies).

Frequency of Inspections: Every 12 months

Do You Have A Claim?

If you or a loved one may be the victim of nursing home abuse or neglect, report it here. You may be entitled to compensation for pain and suffering.

Our expert partner attorneys offer free consultations for your claim.