reglab/housing_qa huggingface dataset:
ID Code § 15-5-306 (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 15-5-306 - TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON.

15-5-306. TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON. (1) Subject to subsection (2) of this section, the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 15-5-307 of this part. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward. (2) If the conditions set forth in section 54-1142(1)(j) exist, then the guardianship shall continue as set forth in that section.  History: [15-5-306, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 19, p. 510; am. 2006, ch. 181, sec. 2, p. 562.]
ID Code § 15-5-307 (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 15-5-307 - REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY.

15-5-307. REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY. (a) On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept his resignation and make any other order which may be appropriate. (b) An order adjudicating incapacity may specify a minimum period, not exceeding one (1) year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in his welfare may petition for an order that he is no longer incapacitated, and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court. (c) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward’s incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian, and to the place where the ward resides or is detained, to observe conditions and report in writing to the court. (d) Upon request, a jury may be summoned to hear factual issues as in other civil cases.  History: [I.C., sec. 15-5-307, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-308 (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 15-5-308 - VISITOR IN GUARDIANSHIP PROCEEDING.

15-5-308. VISITOR IN GUARDIANSHIP PROCEEDING. (1) A visitor is, with respect to guardianship proceedings, an individual with no personal interest in the proceedings and who meets the qualifications identified in Idaho supreme court rule. A visitor may either be an employee of or appointed by the court. If appointed, a visitor becomes an officer of the court.  (2) A visitor must report to the court on the status of the person proposed to be under guardianship. All reports must be under oath or affirmation and must comply with Idaho supreme court rules. (3) A visitor shall be personally immune from any liability for acts, omissions or errors in the same manner as if such visitor were a volunteer or director under the provisions of section 6-1605, Idaho Code. (4) A visitor cannot serve as guardian ad litem. The visitor and the guardian ad litem for the person proposed to be under guardianship may not be members or employees of the same entity. (5) The visitor may request to order a criminal history and background check at the proposed guardian’s expense on any individual who resides in or may frequent the residence of the person proposed to be under guardianship. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.  History: [15-5-308, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 20, p. 510; am. 1997, ch. 201, sec. 1, p. 576; am. 1999, ch. 128, sec. 2, p. 371; am. 2002, ch. 217, sec. 1, p. 595; am. 2008, ch. 74, sec. 1, p. 195; am. 2013, ch. 262, sec. 1, p. 640; am. 2017, ch. 261, sec. 4, p. 647.]
ID Code § 15-5-309 (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 15-5-309 - NOTICES IN GUARDIANSHIP PROCEEDINGS.

15-5-309. NOTICES IN GUARDIANSHIP PROCEEDINGS. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing shall be given to each of the following: (a) The ward or the person alleged to be incapacitated and his spouse, or, if none, his adult children or if none, his parents; (b) Any person who is serving as his guardian, conservator or who has his care and custody; (c) In case no other person is notified under subsection (1)(a) of this section, at least one (1) of his closest adult relatives, if any can be found; and (d) Any person who has filed a request for notice under this section. (2) Notice shall be served personally on the alleged incapacitated person. In all other cases, required notices shall be given as provided in section 15-1-401, Idaho Code. Waiver of notice by the person alleged to be incapacitated is not effective unless he attends the hearing or his waiver of notice is confirmed by the visitor or the guardian ad litem. Representation of the alleged incapacitated person by a guardian ad litem is not necessary. (3) Any person desiring notice of any order or filing in a proceeding involving an alleged incapacitated person in whom he is interested may file a request for notice with the court stating his name, the name of the incapacitated person, the nature of the requesting person’s interest, and address or that of his attorney. Upon payment of any fee required by statute or court rule, the clerk shall mail a copy of the request to the guardian if one has been appointed or to the petitioner if there is no guardian. A request is effective only as to matters occurring after its filing.  History: [15-5-309, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 5, p. 724; am. 2007, ch. 70, sec. 1, p. 187; am. 2007, ch. 71, sec. 2, p. 193.]
ID Code § 15-5-310 (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 15-5-310 - TEMPORARY GUARDIANS OF INCAPACITATED PERSONS.

15-5-310. TEMPORARY GUARDIANS OF INCAPACITATED PERSONS. (a) The court may appoint a temporary guardian if it finds: (1) A petition for guardianship under section 15-5-303, Idaho Code, has been filed, but a guardian has not yet been appointed; (2) Substantial evidence of incapacity; (3) By a preponderance of the evidence an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare; and (4) No other person appears to have the ability, authority and willingness to act. (b) When a person is under guardianship, the court may appoint a temporary guardian if it finds: (1) Substantial evidence that the guardian is not performing the guardian’s duties; and (2) By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare. The authority of a guardian previously appointed by the court is suspended as long as a temporary guardian has authority. The court must hold a hearing before the expiration of the temporary guardian’s authority and may enter any appropriate order. (c)(1) A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held. (2) If the court appoints a temporary guardian without notice, notice of the appointment must be given to those designated in section 15-5-309, Idaho Code, within seventy-two (72) hours after the appointment. The notice must inform the interested persons of the right to request a hearing. The court must hold a hearing on the appropriateness of the appointment within fourteen (14) days after the request by an interested person. (3) The temporary guardian’s authority may not exceed ninety (90) days, unless extended for good cause. The powers of the temporary guardian must be limited to those necessary to protect the immediate health, safety or welfare of the person until such time as a hearing may be held in the matter. (4) A temporary guardian must make reports as the court requires.  History: [15-5-310, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 6, p. 725; am. 1999, ch. 128, sec. 3, p. 372; am. 2005, ch. 52, sec. 1, p. 189; am. 2017, ch. 261, sec. 5, p. 648; am. 2020, ch. 123, sec. 2, p. 381.]
ID Code § 15-5-313 (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 15-5-313 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.

15-5-313. 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, including proceedings to limit the authority previously conferred on a guardian, or to remove limitations previously imposed. (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 may be in the best interest of the ward. A copy of any order accepting a resignation, altering his authority 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: [15-5-313, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 8, p. 727; am. 2006, ch. 182, sec. 2, p. 565.]
ID Code § 15-5-314 (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 15-5-314 - COMPENSATION AND EXPENSES.

15-5-314. COMPENSATION AND EXPENSES. (1) If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, guardian, or temporary guardian appointed in a protective proceeding is entitled to reasonable compensation from the estate for services rendered and expenses incurred in such status, including for services rendered and expenses incurred prior to the actual appointment of said guardian or temporary guardian which were reasonably related to the proceedings. If any person brings or defends any guardianship proceeding in good faith, whether successful or not, he or she is entitled to receive from the estate his or her necessary expenses and disbursements including reasonable attorney’s fees incurred in such proceeding. If the estate is inadequate to bear any of the reasonable compensation, fees, and/or costs referenced in this section, the court may apportion the reasonable compensation, fees, and/or costs to any party, or among the parties, as the court deems reasonable. (2) If court visitor services are provided by court personnel, any moneys recovered shall be collected through the clerk of the district court of the county in which the appointment was made and the clerk shall pay the moneys to the state treasurer for deposit in the guardianship and conservatorship project fund established by section 31-3201G, Idaho Code.  History: [15-5-314, added 2002, ch. 215, sec. 1, p. 594; am. 2014, ch. 164, sec. 3, p. 461.]
ID Code § 15-5-315 (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 15-5-315 - GUARDIAN AD LITEM — DUTIES.

15-5-315. GUARDIAN AD LITEM — DUTIES. Subject to the direction of the court, the guardian ad litem shall have the following duties, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first: (1) To conduct an independent factual investigation of the circumstances of the ward including, without limitation, the circumstances described in the petition; (2) To file with the court a written report stating the results of the investigation, the guardian ad litem’s recommendations, and such other information as the court may require. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case, at least five (5) days before the date set for the adjudicatory hearing; (3) To act as an advocate for the ward for whom appointed at each stage of the proceedings under this chapter and to be charged with the general representation of the ward. To that end, the guardian ad litem shall participate fully in the proceedings to the degree necessary to adequately represent the ward, and shall be entitled to confer with the ward and the ward’s immediate family including, but not limited to, spouse, parents, siblings, children and next of kin; (4) To facilitate and negotiate to ensure that the court, the department of health and welfare, if applicable, and the ward’s attorney, if any, each fulfill their obligations to the ward in a timely fashion; (5) To monitor the circumstances of a ward, if the ward is found to be within the purview of this chapter, to assure compliance with the law, and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the ward; (6) To meet any parent or other person having legal or physical custody of the ward, record the concerns of the parent, and report them to the court or, if no such meeting occurs, file an affidavit stating why no meeting occurred; (7) To maintain all information regarding the case confidential and to not disclose such information except to the court or to other parties to the case; (8) To determine whether existing powers, trusts, and other measures may adequately give the ward the legal protection otherwise provided by a guardian, or whether such powers, trusts or other measures could be reasonably created and, if so, to recommend that either no guardianship be granted or that only a suitably limited guardianship be granted; and (9) To exercise such other and further duties as may be expressly imposed by court order.  History: [15-5-315, added 2005, ch. 49, sec. 1, p. 181.]
ID Code § 15-5-316 (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 15-5-316 - GUARDIAN AD LITEM — RIGHTS AND POWERS.

15-5-316. GUARDIAN AD LITEM — RIGHTS AND POWERS. The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-315, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first. (1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the ward, and to have all of the rights of the ward, whether conferred by statute, rule of court, or otherwise. (2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the guardian’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the ward. (3) Except to the extent prohibited or regulated by federal law, upon presentation of a copy of the order appointing the guardian ad litem, any person or agency including, without limitation, any hospital, school organization, department of health and welfare, doctor, nurse or other health care provider, psychologist, psychiatrist, police department, or mental health clinic, shall permit the guardian ad litem to inspect and copy pertinent records relating to the ward necessary for the proceeding for which the guardian ad litem has been appointed. (4) The guardian ad litem may request, and the court may order whether in response to such request or otherwise, a criminal history and background check to be conducted at the proposed guardian’s expense on any individual who resides in the ward’s proposed residence. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.  History: [15-5-316, added 2005, ch. 49, sec. 2, p. 182; am. 2008, ch. 74, sec. 4, p. 197; am. 2013, ch. 262, sec. 3, p. 642; am. 2015, ch. 246, sec. 1, p. 1042.]
ID Code § 15-5-318 (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 15-5-318 - TERMINATION OR MODIFICATION OF GUARDIANSHIP.

15-5-318. TERMINATION OR MODIFICATION OF GUARDIANSHIP. (1) A guardianship terminates upon the death of the ward or upon order of the court. (2) On petition of a ward, a guardian, or another person interested in the ward’s welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward’s capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action. (3) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward as apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination unless it is proven that continuation of the guardianship is in the best interest of the ward.  History: [15-5-318, added 2014, ch. 135, sec. 1, p. 371.]
ID Code § 15-5-401 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 15-5-401 - PROTECTIVE PROCEEDINGS.

15-5-401. PROTECTIVE PROCEEDINGS. Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: (a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by his minority, or that funds are needed for his support and education and that protection is necessary or desirable to obtain or provide funds. (b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (1) the person is unable to manage his property and affairs effectively for reasons such as mental illness, mental disability, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (2) the person has property which will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by him and that protection is necessary or desirable to obtain or provide funds.  History: [15-5-401, added 1971, ch. 111, sec. 1, p. 233; am. 1989, ch. 241, sec. 3, p. 589; am. 2010, ch. 235, sec. 5, p. 547.]
ID Code § 15-5-402 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 15-5-402 - PROTECTIVE PROCEEDINGS — JURISDICTION OF AFFAIRS OF PROTECTED PERSONS.

15-5-402. PROTECTIVE PROCEEDINGS — JURISDICTION OF AFFAIRS OF PROTECTED PERSONS. After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (a) Exclusive jurisdiction to determine the need for a conservator or other protective order until the proceedings are terminated; (b) Exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of this state shall be managed, expended or distributed to or for the use of the protected person or any of his dependents; (c) Concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and his title to any property or claim.  History: [I.C., sec. 15-5-402, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-403 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS|Section 15-5-403 - VENUE.

15-5-403. VENUE. Venue for proceedings under this chapter is: (a) In the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or (b) If the person to be protected does not reside in this state, in any place where he has property.  History: [I.C., sec. 15-5-403, as added by 1971, ch. 111, sec. 1, p. 233.]