Understanding the Idaho POST (Physician Orders for Scope of Treatment) vs. Living Wills

When planning for end-of-life care in Idaho, it is easy to get confused by the medical and legal terminology. Many residents in Boise, Twin Falls, and Lewiston believe that having a Living Will is enough to ensure their exact medical wishes are followed during an emergency. However, there is a distinct legal and clinical difference between an advance directive (Living Will) and a Physician Orders for Scope of Treatment (POST).

Understanding how these two documents interact under the Idaho Code § 39-4501 et seq. is vital for anyone facing a serious, life-limiting illness. If you need help drafting your advance directives, you can find a qualified legal professional in our USA Lawyers Directory who can work alongside your medical providers.

How EMS and First Responders Treat Idaho POST Forms vs. Living Wills

The most critical difference between these documents lies in how emergency medical services (EMS) respond to them. A Living Will, created under Idaho Code § 39-4510, is a legal document expressing your general preferences for artificial life support if you fall into a persistent vegetative state. However, EMS personnel are not trained lawyers. If they arrive at an emergency in Idaho, they generally cannot read and interpret a lengthy legal Living Will on the spot. Their default protocol is to attempt resuscitation.

Conversely, the Idaho POST form is a standardized, brightly colored medical order authorized under Idaho Code § 39-4512A. Because it is an actionable medical order rather than just a legal preference, first responders and EMS teams are legally bound to follow its clear instructions regarding CPR, intubation, and feeding tubes immediately upon seeing it.

Who Can Legally Sign a POST Form in Idaho?

A Living Will only requires your signature and the date under Idaho Code § 39-4510, as witnessing and notarization are optional under Idaho law. You can draft it entirely with your attorney. A POST form, however, is a clinical document that must be integrated into your actual medical record.

To be valid in Idaho, the Form POST, Idaho, Department of Health and Welfare, Physician Orders for Scope of Treatment must be signed by the patient (or their legal medical representative) AND a qualified healthcare professional. Under state rules, this professional must be a licensed Physician, a Physician Assistant (PA), or an Advanced Practice Registered Nurse (APRN). Without this clinical signature, the document is legally void.

Converting a Living Will into a Binding POST Order

If you already have a Living Will, it serves as the foundation for your POST form. If you become seriously ill, you or your appointed healthcare agent should present your Living Will to your doctor. The physician will review the legal stipulations you made in the Living Will and translate those preferences into the specific checkboxes on the POST form. This conversion process bridges the gap between legal intent and immediate medical action.

Step-by-Step Process to Establish Your Healthcare Directives in Idaho

Securing both your legal and medical boundaries requires coordination between your attorney and your medical team.

Step 1: Draft a Living Will and Durable Medical POA

Work with an Idaho estate planning lawyer to draft a Living Will and designate a healthcare agent using a Durable Power of Attorney for Healthcare. This legally protects your overall wishes under Idaho Code § 39-4510.

Step 2: Consult with Your Idaho Physician

If you are diagnosed with a terminal condition or advanced frailty, schedule a consultation with your doctor. Bring your Living Will to this appointment.

Step 3: Complete the Idaho POST Form

Together with your doctor, PA, or APRN, fill out the specific sections of the POST form regarding CPR, medical interventions, and artificially administered nutrition. Both you (or your agent) and the healthcare provider must sign it.

Step 4: Register with the State

Your physician can submit a copy of your completed POST form to the Idaho Healthcare Directive Registry, managed by the Idaho Department of Health and Welfare, Boise. This ensures that hospitals across the state can access your medical orders digitally during an emergency.

Step 5: Keep the Original Form Visible

Unlike a Living Will, which is usually stored safely in a desk or safe, your physical POST form should be kept in a highly visible location in your home, such as on the refrigerator or pinned near your bed, so first responders see it immediately.

How Long Does the Process Take?

Drafting the initial Living Will with an attorney typically takes 1 to 2 weeks. However, completing a POST form is immediate. It simply requires a standard office visit with your physician. Once the doctor signs the POST form, it becomes an active, enforceable medical order on that exact day. Registering the form with the state registry may take a few weeks to process, but the physical document is valid instantly.

Frequently Asked Questions (FAQ)