Idaho Code Ann. § 39-4504, Persons Who may Give Consent to Care for Others

Permits persons to consent to health care of other persons if such persons are incapable of giving consent or a minor. Lists the order in which persons may claim status as the decision maker with court appointed guardians having first priority, followed by persons named in the incapacitated person or minor’s durable power of attorney, followed by the person’s spouse, followed by various familial relations, then persons that hold themselves out as a decision maker, before culminating with a health care provider that believes emergency care is necessary and cannot obtain consent from anyone on the list. Provides immunity to health care providers for any liability that might arise following their good faith reliance on another person’s consent.