Idaho Code

Idaho Code § 39-4510 (2026)

advance care planning document.

✓ current as of May 2026

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advance care planning document.

(1) Any competent person aged eighteen (18) years or older may execute an advance care planning document (ACPD). Such document must contain the mandatory elements set forth in this section. Any provisions of an ACPD that are left blank by a person executing the document shall be deemed intentional and shall not invalidate the document. The department of health and welfare may create and promulgate an optional form for the ACPD. Such form is not mandatory. To be considered a valid ACPD, a document must include:

(a) The person’s name, date of birth, telephone number, and mailing address;

(b) The signature of the person for whom the ACPD is created or the authorized agent of such person; and

(2) An ACPD may but is not required to include the following:

(a) The electronic mail address of the person executing the ACPD;

(b) Nomination of one (1) or more persons to act as a health care agent;

(c) The name, mailing address, electronic mail address, and telephone number of any person nominated as a health care agent, as well as such person’s relationship to the person executing the ACPD;

(d) Resuscitation instructions;

(e) Instructions regarding pregnancy;

(g) Instructions for the release of information protected by the federal health insurance portability and accountability act;

(h) Instructions for end-of-life care;

(i) A description of treatment objectives;

(j) The names and contact information of witnesses to the execution of the ACPD; and

(k) Notarization.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2019–2021 · leading case: Almerico v. Denney, 378 F. Supp. 3d 920 (D. Idaho 2019).

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Almerico v. Denney, 378 F. Supp. 3d 920 (D. Idaho 2019). · cites it 16× “District Court Judge INTRODUCTION Idaho Code § 39-4510 provides that all healthcare directives executed by women in Idaho must contain the following provision: "[i]f I have been diagnosed as pregnant, this Directive shall have no force during the course of my pregnancy.”

Almerico v. Denney (D. Idaho 2021). · cites it 11× “For the reasons explained below, the Court will grant in part both motions, holding that (1) the pregnancy exclusion contained in the form following Idaho Code § 39-4510 (1) is not required to be contained in a woman’s advance directive; and (2) the defendants’ erroneous…”

Almerico v. Denney (D. Idaho 2019). · cites it 2× “The Court’s introduction in its prior Memorandum Decision and Order posed the following question: “if Salerno applies, is there a set of circumstances in which IC § 39-4510 can be applied in a manner that comports with the Due Process and Equal Protection Clauses of the United…”

— Idaho Code § 39-4510(1) — 2 cases

Almerico v. Denney, 378 F. Supp. 3d 920 (D. Idaho 2019). “District Court Judge INTRODUCTION Idaho Code § 39-4510 provides that all healthcare directives executed by women in Idaho must contain the following provision: "[i]f I have been diagnosed as pregnant, this Directive shall have no force during the course of my pregnancy.”

Almerico v. Denney (D. Idaho 2021). “For the reasons explained below, the Court will grant in part both motions, holding that (1) the pregnancy exclusion contained in the form following Idaho Code § 39-4510 (1) is not required to be contained in a woman’s advance directive; and (2) the defendants’ erroneous…”

— Idaho Code § 39-4510(2) — 1 case

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