reglab/housing_qa huggingface dataset:
ID Code § 15-5-201 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-201 - STATUS OF GUARDIAN OF MINOR — GENERAL.

15-5-201. STATUS OF GUARDIAN OF MINOR — GENERAL. A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.  History: [I.C., sec. 15-5-201, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-202 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-202 - TESTAMENTARY APPOINTMENT OF GUARDIAN OF MINOR.

15-5-202. TESTAMENTARY APPOINTMENT OF GUARDIAN OF MINOR. A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor. A testamentary appointment becomes effective upon the filing of the guardian’s acceptance in the court in which the will is probated, if, at the decedent’s death, no parent of the minor was alive who had a right to appoint a guardian for the minor. This state recognizes a testamentary appointment effected by the guardian’s acceptance under a will probated in another state which is the testator’s domicile. Written notice of acceptance of the appointment must be given by the guardian to the minor and to the person having his custody, or if none, his care, or if none, to his nearest adult relation immediately upon acceptance of appointment. The parent may appoint by will one (1) or more alternate guardians, in order of priority. If a guardian appointed by will fails to accept guardianship within thirty (30) days after the will is probated, or files a notice of declination to accept appointment prior to the running of the thirty (30) day period, or is deceased, or ceases to act after acceptance, then the alternate guardian next in priority becomes the appointed guardian and may file a written notice of acceptance in the court in which the will is probated.  History: [15-5-202, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 17, p. 510; am. 2002, ch. 233, sec. 2, p. 670; am. 2006, ch. 183, sec. 1, p. 582; am. 2014, ch. 287, sec. 1, p. 728.]
ID Code § 15-5-203 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-203 - OBJECTION BY MINOR OF FOURTEEN YEARS OR OLDER TO TESTAMENTARY APPOINTMENT.

15-5-203. OBJECTION BY MINOR OF FOURTEEN YEARS OR OLDER TO TESTAMENTARY APPOINTMENT. A minor of fourteen (14) or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty (30) days after notice of its acceptance. An objection may be withdrawn. In the event of such objection, the alternate guardian next in priority named in the will may accept appointment as set forth in section 15-5-202, Idaho Code, and the minor shall have the same right of objection. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable person.  History: [15-5-203, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 18, p. 510; am. 2014, ch. 287, sec. 2, p. 728.]
ID Code § 15-5-204 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-204 - COURT APPOINTMENT OF GUARDIAN OF MINOR — CONDITIONS FOR APPOINTMENT.

15-5-204. COURT APPOINTMENT OF GUARDIAN OF MINOR — CONDITIONS FOR APPOINTMENT. (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, or abandoned or whose parents are unable to provide a stable home environment. "Abandoned" means the failure of the parent to maintain a normal parental relationship with the child including, but not limited to, reasonable support or regular contact. Failure to maintain a normal parental relationship with the child without just cause for a period of six (6) months shall constitute prima facie evidence of abandonment. Except in those circumstances described in subsections (2) and (3) of this section and where a temporary guardianship has been created at the request of a parent on active duty in or deployment with the United States armed forces, the court shall consider the best interests of the child as the primary factor in the determination whether to appoint, and whom to appoint, as a guardian for such child. In determining the choice of a guardian for an unmarried minor, the advanced age or disability of a potential guardian shall not, in and of itself, be used as a criterion of the suitability of the potential guardian as long as the potential guardian is otherwise suitable. A guardian appointed by will as provided in section 15-5-202, Idaho Code, whose appointment has not been prevented or nullified under section 15-5-203, Idaho Code, has priority over any guardian who may be appointed by the court, but the court may proceed with an appointment nonetheless upon a finding that the testamentary guardian has failed to accept the testamentary appointment within thirty (30) days after notice of the guardianship proceeding. (2) The extended absence of a parent due to active duty in or deployment with the United States armed forces shall not by itself constitute neglect, abuse, abandonment, or failure to provide a stable home environment. (3) Any guardianship granted at the request of or required by the United States armed forces or at the request of a parent while on active duty in or deployment with the United States armed forces, which duty or deployment does not constitute neglect, abuse, abandonment, or failure to provide a stable home environment, shall be terminated immediately upon the conclusion of the original circumstances necessitating the creation of the temporary guardianship or the filing of a termination report by the parent indicating the parent’s intent to resume all care, custody, and control of the minor.  History: [15-5-204, added 1971, ch. 111, sec. 1, p. 233; am. 1999, ch. 123, sec. 1, p. 360; am. 2002, ch. 233, sec. 3, p. 671; am. 2020, ch. 235, sec. 1, p. 691.]
ID Code § 15-5-205 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-205 - COURT APPOINTMENT OF GUARDIAN OF MINOR — VENUE.

15-5-205. COURT APPOINTMENT OF GUARDIAN OF MINOR — VENUE. The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.  History: [I.C., sec. 15-2-205, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-206 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-206 - COURT APPOINTMENT OF GUARDIAN OF MINOR — QUALIFICATIONS — PRIORITY OF MINOR’S NOMINEE.

15-5-206. COURT APPOINTMENT OF GUARDIAN OF MINOR — QUALIFICATIONS — PRIORITY OF MINOR’S NOMINEE. The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is fourteen (14) years of age or older, unless the court finds the appointment contrary to the best interests of the minor.  History: [I.C., sec. 15-5-206, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-208 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-208 - CONSENT TO SERVICE BY ACCEPTANCE OF APPOINTMENT — NOTICE.

15-5-208. CONSENT TO SERVICE BY ACCEPTANCE OF APPOINTMENT — NOTICE. By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian, or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.  History: [I.C., sec. 15-5-208, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-209 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-209 - POWERS AND DUTIES OF GUARDIAN OF MINOR.

15-5-209. POWERS AND DUTIES OF GUARDIAN OF MINOR. A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not legally obligated to provide from his own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a guardian has the following powers and duties: (1) He must take reasonable care of his ward’s personal effects and commence protective proceedings if necessary to protect other property of the ward. (2) He may receive money payable for the support of the ward to the ward’s parent, guardian or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship. He also may receive money or property of the ward paid or delivered by virtue of section 15-5-103, Idaho Code. Any sums so received shall be applied to the ward’s current needs for support, care and education. He must exercise due care to conserve any excess for the ward’s future needs unless a conservator has been appointed for the estate of the ward, in which case the excess shall be paid over at least annually to the conservator. Sums so received by the guardian are not to be used for compensation for his services except as approved by order of the court or as determined by a duly appointed conservator other than the guardian. A guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward. (3) The guardian is empowered to facilitate the ward’s education, social, or other activities and to authorize medical or other professional care, treatment, or advice. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented. A guardian may consent to the marriage or adoption of his ward. (4) A guardian shall report to the court at least annually on the status of the ward and the ward’s estate which has been subject to his possession or control. All reports shall be under oath or affirmation and shall comply with the Idaho supreme court rules.  History: [15-5-209, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 164, sec. 1, p. 460.]
ID Code § 15-5-210 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-210 - TERMINATION OF APPOINTMENT OF GUARDIAN — GENERAL.

15-5-210. TERMINATION OF APPOINTMENT OF GUARDIAN — GENERAL. A guardian’s authority and responsibility terminates upon the death, resignation or removal of the guardian, termination of the guardianship or upon the minor’s death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for funds and assets of his ward. Resignation of a guardian without the appointment of a successor guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.  History: [15-5-210, added 1971, ch. 111, sec. 1, p. 233; am. 2016, ch. 148, sec. 1, p. 416.]
ID Code § 15-5-211 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-211 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.

15-5-211. PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE. (a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship. (b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, if in this state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. If the court in which acceptance of appointment is filed is in another state, the court in this state shall proceed in accordance with chapters 9, 10 and/or 11, title 15, Idaho Code, as appropriate.  History: [15-5-211, as added by 1971, ch. 111, sec. 1, p. 233; am. 2006, ch. 182, sec. 1, p. 565.]
ID Code § 15-5-212 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-212 - RESIGNATION, REMOVAL, MODIFICATION OR TERMINATION PROCEEDINGS.

15-5-212. RESIGNATION, REMOVAL, MODIFICATION OR TERMINATION PROCEEDINGS. (1) Any person interested in the welfare of a ward, or the ward if fourteen (14) or more years of age, may petition for removal of a guardian, or for modification or termination of the guardianship, on the ground that such removal, modification or termination would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian. (2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate. (3) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen (14) or more years of age.  History: [15-5-212, added 1971, ch. 111, sec. 1, p. 233; am. 2016, ch. 148, sec. 2, p. 416.]
ID Code § 15-5-212A (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-212A - GUARDIANSHIPS ARISING IN CONNECTION WITH A PROCEEDING UNDER THE CHILD PROTECTIVE ACT.

15-5-212A. GUARDIANSHIPS ARISING IN CONNECTION WITH A PROCEEDING UNDER THE CHILD PROTECTIVE ACT. Where a minor is within the jurisdiction of a court under the child protective act, or where a guardianship proceeding arose in connection with a permanency plan for a minor who was the subject of a proceeding under the child protective act: (1) The court having jurisdiction over the proceeding under the child protective act shall have exclusive jurisdiction and venue over any guardianship proceeding involving such minor unless, in furtherance of the permanency plan, the court declines to exercise such jurisdiction and venue, notwithstanding sections 15-5-205 and 15-5-211, Idaho Code. (2) In any action connected to a guardianship governed by this section, in addition to notice or service upon interested parties pursuant to section 15-1-401, Idaho Code, notice of the following shall be served upon the department of health and welfare in the manner prescribed in Idaho rule of civil procedure 4(d)(5): (a) Any petition for the appointment of a guardian of a minor; (b) Any pleading filed in connection with such guardianship; (c) Any proceeding of any nature in such guardianship; or (d) The time and place of any hearing in connection with such guardianship. (3) In any action governed by this section, the department of health and welfare shall have the right to appear and be heard at any hearing, and shall have the right to intervene at any stage of the action. (4) A guardian appointed in an action governed by this section may not consent to the adoption of the minor without providing prior notice of the action of adoption to the department of health and welfare in a manner prescribed in section 15-1-401, Idaho Code. (5) Any person who moves to terminate a guardianship governed by this section has the burden of proving, by clear and convincing evidence, that: (a) There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and (b) Termination of the guardianship would be in the best interests of the minor. (6) In any action governed by this section, any person who moves to remove a guardian or modify a guardianship has the burden of proving, by clear and convincing evidence, that: (a) There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and (b) Removal of the guardian or modification of the guardianship would be in the best interests of the minor.  History: [15-5-212A, added 2007, ch. 72, sec. 1, p. 195.]
ID Code § 15-5-213 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 2 - GUARDIANS OF MINORS|Section 15-5-213 - DE FACTO CUSTODIAN.

15-5-213. DE FACTO CUSTODIAN. (1) "De facto custodian" means a person who has either been appointed the de facto custodian pursuant to section 32-1705, Idaho Code, or if not so appointed, has been the primary caregiver for, and primary financial supporter of, a child who, prior to the filing of a petition for guardianship, has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older. (2) If a court determines by clear and convincing evidence that a person meets the definition of a de facto custodian, and that recognition of the de facto custodian is in the best interests of the child, the court shall give the person the same standing that is given to each parent in proceedings for appointment of a guardian of a minor. In determining whether recognition of a de facto custodian is in the child’s best interests, the court shall consider: (a) Whether the child is currently residing with the person seeking such standing; and (b) If the child is not currently residing with the person seeking such standing, the length of time since the person served as the child’s primary caregiver and primary financial supporter.  History: [15-5-213, added 2004, ch. 145, sec. 2, p. 476; am. 2005, ch. 113, sec. 2, p. 365; am. 2010, ch. 236, sec. 3, p. 612.]
ID Code § 15-5-302 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 15-5-302 - VENUE.

15-5-302. VENUE. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.  History: [I.C., sec. 15-5-302, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-304 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 15-5-304 - FINDINGS — ORDER OF APPOINTMENT.

15-5-304. FINDINGS — ORDER OF APPOINTMENT. (a) The court shall exercise the authority conferred in this part so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s actual mental and adaptive limitations or other conditions warranting the procedure. (b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person. The court, on appropriate findings, may: (1) Treat the petition as one for a protective order under section 15-5-401, Idaho Code, and proceed accordingly; (2) Enter any other appropriate order; or (3) Dismiss the proceedings. (c) (1) As an alternative to appointing one (1) guardian for an incapacitated person, the court may appoint no more than two (2) persons as co-guardians for the incapacitated person if the court finds: (i) The appointment of co-guardians will best serve the interests of the incapacitated person; and (ii) The persons to be appointed as co-guardians will work together cooperatively to serve the best interests of the incapacitated person. (2) The parents of an incapacitated person shall have preference over all other persons for appointment as co-guardians, unless the court finds that the parents are unwilling to serve as co-guardians, or are not capable of adequately serving the best interests of the incapacitated person. (3) If the court appoints co-guardians, the court shall also determine whether the guardians: (i) May act independently; (ii) May act independently but must act jointly in specified matters; or (iii) Must act jointly. This determination by the court must be stated in the order of appointment and in the letters of guardianship. (d) The court may, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, limit the powers of a guardian otherwise conferred by this section and thereby create a limited guardianship. Any limitations on the statutory power of a guardian of an incapacitated person shall be endorsed on the guardian’s letters, or in the case of a guardian by testamentary appointment, shall be reflected in letters that shall be issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed and appropriate letters issued.  History: [15-5-304, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 4, p. 724; am. 2017, ch. 261, sec. 3, p. 646.]
ID Code § 15-5-305 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 3 - GUARDIANS OF INCAPACITATED PERSONS|Section 15-5-305 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.

15-5-305. ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.  History: [I.C., sec. 15-5-305, as added by 1971, ch. 111, sec. 1, p. 233.]