reglab/housing_qa huggingface dataset:
ID Code § 15-5-404 (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 15-5-404 - ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER.

15-5-404. ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER. (a) The person to be protected, any person who is interested in his estate, affairs or welfare including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of a conservator or for other appropriate protective order. (b) The petition shall set forth to the extent known, the interest of the petitioner; the name, age, residence and address of the person to be protected; the name and address of his guardian, if any; the name and address of his nearest relative known to the petitioner; a general statement of his property with an estimate of the value thereof, including any compensation, insurance, pension or allowance to which he is entitled; and the reason why appointment of a conservator or other protective order is necessary. If the appointment of a conservator is requested, the petition also shall set forth the name and address of the person whose appointment is sought and the basis of his priority for appointment. (c) The petition shall include a financial plan for the proposed actions of the conservator regarding the financial affairs of the protected person after appointment of the conservator, to the extent reasonably known to the petitioner at the time of filing of the petition. If the complete assets, income, expenses, debts and other financial concerns of the protected person are not reasonably known to the petitioner at the time the petition is filed, or if the petitioner is not the proposed conservator, then the conservator shall submit to the court, and to all interested persons, in writing, within the ninety (90) day inventory, as a part thereof, a financial plan covering all of the assets, income, expenses, debts and other financial concerns of the protected person. Such financial plan must also be given to any person who has filed a request for notice under section 15-5-406, Idaho Code, and to other persons as the court may direct. Such financial plan shall be given to all such persons in accordance with the methods set forth in section 15-1-401, Idaho Code. If the financial plan changes during any time period between the periodic reports of the conservator, the modified financial plan shall be filed with the next report as a part thereof. The financial plan and any modified financial plan filed pursuant to this subsection (c) shall be subject to examination and review by the court, or persons designated by the court to make such examination and review, as provided by rules adopted by the Idaho supreme court.  History: [15-5-404, added 1971, ch. 111, sec. 1, p. 233; am. 2005, ch. 51, sec. 2, p. 188; am. 2009, ch. 78, sec. 2, p. 214.]
ID Code § 15-5-405 (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 15-5-405 - NOTICE.

15-5-405. NOTICE. On a petition for appointment of a conservator or other protective order, notice shall be given in accordance with section 15-5-309, Idaho Code.  History: [15-5-405, as added by 1971, ch. 111, sec. 1, p. 233; am. 2007, ch. 70, sec. 2, p. 188; am. 2007, ch. 71, sec. 3, p. 194; am. 2008, ch. 27, sec. 4, p. 45.]
ID Code § 15-5-406 (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 15-5-406 - PROTECTIVE PROCEEDINGS — REQUEST FOR NOTICE — INTERESTED PERSON.

15-5-406. PROTECTIVE PROCEEDINGS — REQUEST FOR NOTICE — INTERESTED PERSON. Any person desiring notice of any order or filing in a protective proceeding described in this part involving a person in whom he is interested may file a request for notice with the court stating his name, the name of the alleged disabled person, the nature of the requesting person’s interest, and his 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 conservator if one has been appointed, or to the petitioner if there is no conservator. A request is effective only as to matters occurring after its filing.  History: [15-5-406, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 9, p. 727; am. 2007, ch. 71, sec. 4, p. 194.]
ID Code § 15-5-407 (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 15-5-407 - PROCEDURE CONCERNING HEARING AND ORDER ON ORIGINAL PETITION.

15-5-407. PROCEDURE CONCERNING HEARING AND ORDER ON ORIGINAL PETITION. (a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it must appoint an attorney to represent the minor, giving consideration to the choice of the minor if fourteen (14) years of age or older. A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has counsel of his own choice, the court may appoint a lawyer to represent him who then has the powers and duties of a guardian ad litem. If the alleged disability is mental illness, mental disability, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court. (c) After hearing, upon finding that a basis of the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate order.  History: [15-5-407, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 14, p. 319; am. 2010, ch. 235, sec. 6, p. 547.]
ID Code § 15-5-409 (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 15-5-409 - PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS AUTHORIZED.

15-5-409. PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS AUTHORIZED. (a) If it is established in a proper proceeding that a basis exists as described in section 15-5-401 of this Part for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service, or care arrangement meeting the foreseeable needs of the protected person. Protective arrangements include, but are not limited to, payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust. (b) When it has been established in a proper proceeding that a basis exists as described in section 15-5-401 of this Part for affecting the property and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any contract, trust or other transaction relating to the protected person’s financial affairs or involving his estate if the court determines that the transaction is in the best interests of the protected person. (c) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of his disability, whether the protected person needs the continuing protection of a conservator. The court may appoint a special conservator to assist in the accomplishment of any protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment. (d) If it is established in a proper proceeding that a basis exists as described in section 15-5-401 of this Part for affecting property and affairs of a person, the court may in its discretion, without appointing a conservator, order the establishment or continuation of a special needs trust as provided in chapter 14, title 68, Idaho Code.  History: [I.C., sec. 15-5-409, as added by 1971, ch. 111, sec. 1, p. 233; am. 1995, ch. 214, sec. 2, p. 745.]
ID Code § 15-5-410 (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 15-5-410 - WHO MAY BE APPOINTED CONSERVATOR — PRIORITIES.

15-5-410. WHO MAY BE APPOINTED CONSERVATOR — PRIORITIES. (1) The court may appoint an individual, except as set forth hereafter, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed: (a) An individual or corporation nominated by the protected person if he is fourteen (14) or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice; (b) The individual or corporation nominated as conservator of the protected person in the financial power of attorney of the protected person, or if no such nomination is made therein, the individual or corporation nominated as agent therein, provided that: (i) If the nomination is of coconservators, or coagents, as appropriate, the court may consider whether appointment of coconservators is in the best interests of the protected person or whether a sole conservator should be appointed; (ii) If several individuals or corporations are nominated in order of priority, the court shall consider such nominations in that order of priority; and (iii) If more than one (1) financial power of attorney made by the protected person exists, the court shall determine which financial power of attorney is appropriate to be the basis for nomination of a conservator; (c) The spouse of the protected person; (d) An adult child of the protected person; (e) A conservator, guardian of property or other like fiduciary, but not a fiduciary serving only as a trustee, appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides; (f) A parent of the protected person, or a person nominated by the will of a deceased parent; (g) Any relative of the protected person with whom he has resided for more than six (6) months prior to the filing of the petition; (h) A person nominated by the person who is caring for him or paying benefits to him. (2) A person in priorities (c), (d), (e), (f) or (g) of subsection (1) of this section may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve. The court for good cause, may pass over a person having priority and appoint a person having less priority or no priority. (3) No convicted felon shall be appointed as a conservator of the estate of a protected person unless the court finds by clear and convincing evidence that such appointment is in the best interests of the protected person.  History: [15-5-410, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. 2004, ch. 52, sec. 2, p. 243; am. 2008, ch. 145, sec. 1, p. 429.]
ID Code § 15-5-411 (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 15-5-411 - BOND.

15-5-411. BOND. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in his control plus one (1) year’s estimated income minus the value of securities deposited under arrangements requiring an order by the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. The court in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.  History: [I.C., sec. 15-5-411, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-412 (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 15-5-412 - TERMS AND REQUIREMENTS OF BONDS.

15-5-412. TERMS AND REQUIREMENTS OF BONDS. (a) The following requirements and provisions apply to any bond required under section 15-5-411 of this Part: (1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; (2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner; (3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator; (4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted. (b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.  History: [I.C., sec. 15-5-412, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-413 (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 15-5-413 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.

15-5-413. ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.  History: [I.C., sec. 15-5-413, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-414 (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 15-5-414 - COMPENSATION AND EXPENSES.

15-5-414. COMPENSATION AND EXPENSES. If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, conservator or special conservator 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 conservator or special conservator which were reasonably related to the proceedings. If any person brings or defends any conservatorship 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.  History: [I.C., sec. 15-5-414, as added by 1971, ch. 111, sec. 1, p. 233; am. 2002, ch. 215, sec. 2, p. 594.]
ID Code § 15-5-415 (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 15-5-415 - DEATH, RESIGNATION OR REMOVAL OF CONSERVATOR.

15-5-415. DEATH, RESIGNATION OR REMOVAL OF CONSERVATOR. The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After his death, resignation or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of his predecessor.  History: [I.C., sec. 15-5-415, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-416 (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 15-5-416 - PETITIONS FOR ORDERS SUBSEQUENT TO APPOINTMENT.

15-5-416. PETITIONS FOR ORDERS SUBSEQUENT TO APPOINTMENT. (a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order (1) requiring bond or security or additional bond or security, or reducing bond, (2) requiring an accounting for the administration of the trust, (3) directing distribution, (4) removing the conservator and appointing a temporary or successor conservator, or (5) granting other appropriate relief. (b) A conservator may petition the appointing court for instructions concerning his fiduciary responsibility. (c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order.  History: [I.C., sec. 15-5-416, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-417 (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 15-5-417 - GENERAL DUTY OF CONSERVATOR.

15-5-417. GENERAL DUTY OF CONSERVATOR. In the exercise of his powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees as described by section 15-7-302 of this code.  History: [I.C., sec. 15-5-417, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-419 (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 15-5-419 - REPORTING REQUIREMENTS FOR CONSERVATORS.

15-5-419. REPORTING REQUIREMENTS FOR CONSERVATORS. (1) Every conservator shall file with the court an inventory within ninety (90) days of appointment, an accounting at least annually, and a final accounting at the termination of the appointment of the conservator. All inventories and accountings shall be under oath or affirmation and shall comply with the Idaho supreme court rules. The court may require a conservator to submit to a physical check of the estate in his control, to be made in any manner the court may specify. (2) If a conservator: (a) Makes a substantial misstatement on filings of any required inventories or reports; or (b) Is guilty of gross impropriety in handling the property of the protected person; or (c) Willfully fails to file the report required by this section after receiving written notice of the failure to file and after a grace period of two (2) months have elapsed; then the court may impose a fine in an amount not to exceed five thousand dollars ($5,000) on the conservator. The court may appoint a guardian ad litem for the protected person on its own motion or on the motion of any interested party to represent the protected person in any proceedings hereunder and may also appoint appropriate persons or entities to make investigation of the actions of the conservator. The court may also order restitution of funds misappropriated from the estate of a protected person and may impose a surcharge upon the conservator responsible for such misappropriation for all damages, costs and other appropriate sums determined by the court, in addition to any fine imposed including, but not limited to, any fees and costs of the guardian ad litem. The court may take any other actions which are in the best interests of the protected person and the protection of the assets of the protected person. Any sums awarded hereunder shall be paid by the conservator and may not be paid by the estate of the protected person. The court may enter judgment against a conservator for any or all of the foregoing and may impose judgment against any bond of such conservator.  History: [15-5-419, added 1971, ch. 111, sec. 1, p. 233; am. 1989, ch. 241, sec. 4, p. 589; am. 1990, ch. 290, sec. 1, p. 810; am. 1999, ch. 108, sec. 1, p. 336; am. 2005, ch. 50, sec. 1, p. 184; am. 2009, ch. 78, sec. 4, p. 215; am. 2014, ch. 164, sec. 5, p. 462.]
ID Code § 15-5-420 (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 15-5-420 - CONSERVATORS — TITLE BY APPOINTMENT.

15-5-420. CONSERVATORS — TITLE BY APPOINTMENT. (a) The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact, or to the part thereof specified in the order. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship. (b) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator. (c) Until termination of his appointment, a conservator has the same power over the title to property of the protected person’s estate that an absolute owner would have, provided however, that such power is held in trust for the benefit of the protected person. This power may be exercised without notice, hearing, or order of the court.  History: [15-5-420, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 11, p. 729; am. 2005, ch. 48, sec. 1, p. 180.]