reglab/housing_qa huggingface dataset:
ID Code § 15-5-421 (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 15-5-421 - RECORDING OF CONSERVATOR’S LETTERS.

15-5-421. RECORDING OF CONSERVATOR’S LETTERS. Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate subjected to the conservatorship from the conservator to the protected person, or his successors. Letters of conservatorship and orders terminating conservatorship may be recorded in the office of the county recorder in any county in which property affected by such letters or orders is located and, from the time of filing the same for record, notice is imparted to all persons of the contents of such letters or orders.  History: [I.C., sec. 15-5-421, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 12, p. 729.]
ID Code § 15-5-422 (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 15-5-422 - SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS.

15-5-422. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS. Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.  History: [I.C., sec. 15-5-422, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-423 (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 15-5-423 - PERSONS DEALING WITH CONSERVATORS — PROTECTION.

15-5-423. PERSONS DEALING WITH CONSERVATORS — PROTECTION. A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order as provided in section 15-5-408 of this Part, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in section 15-5-426 of this Part are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.  History: [I.C., sec. 15-5-423, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-426 (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 15-5-426 - ENLARGEMENT OR LIMITATION OF POWERS OF CONSERVATOR.

15-5-426. ENLARGEMENT OR LIMITATION OF POWERS OF CONSERVATOR. Subject to the restrictions in subsection (d) [(b)(4)] of section 15-5-408 of this Part, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by sections 15-5-424 and 15-5-425 of this Part, any power which the court itself could exercise under subsection[s] (b) and (c) [(b)(2) and (3)] of section 15-5-408 this Part. The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by sections 15-5-424 and 15-5-425 of this Part, or previously conferred by the court, and may at any time relieve him of any limitation. If the court limits any power conferred on the conservator by section 15-5-424 or section 15-5-425 of this Part, the limitation shall be indorsed upon his letters of appointment.  History: [I.C., sec. 15-5-426, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-427 (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 15-5-427 - PRESERVATION OF ESTATE PLAN.

15-5-427. PRESERVATION OF ESTATE PLAN. In investing the estate, and in selecting assets of the estate for distribution under subsections (a) and (b) of section 15-5-425 of this Part, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court should take into account and preserve insofar as possible any known estate plan of the protected person, including his will, any revocable trust of which he is settlor, and any contract, transfer or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person.  History: [I.C., sec. 15-5-427, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 21, p. 510.]
ID Code § 15-5-428 (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 15-5-428 - CLAIMS AGAINST PROTECTED PERSON — ENFORCEMENT.

15-5-428. CLAIMS AGAINST PROTECTED PERSON — ENFORCEMENT. (a) A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: (1) the claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed; (2) the claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claim is deemed presented on the first to occur of receipt by the conservator of a written statement of claim or the filing with the court of the written statement of claim. A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within sixty (60) days after its presentation. The presentation of a claim tolls any statute of limitations relating to the claim until thirty (30) days after its disallowance. (b) A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate. (c) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance and education of the protected person or his dependents and existing claims for expenses of administration.  History: [I.C., sec. 15-5-428, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 22, p. 510.]
ID Code § 15-5-429 (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 15-5-429 - INDIVIDUAL LIABILITY OF CONSERVATOR.

15-5-429. INDIVIDUAL LIABILITY OF CONSERVATOR. (a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract. (b) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault. (c) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor. (d) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, or indemnification, or other appropriate proceeding or action.  History: [I.C., sec. 15-5-429, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-5-430 (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 15-5-430 - TERMINATION OF PROCEEDING.

15-5-430. TERMINATION OF PROCEEDING. The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedure as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased or that it would be in the best interests of the protected person to establish the conservatorship in another jurisdiction may terminate the conservatorship and, where appropriate, order initiation of proceedings in another jurisdiction or delivery of the assets to a foreign conservator as set forth in chapters 9, 10 and/or 11, title 15, Idaho Code. Upon termination, title to assets of the estate passes to the former protected person or to his successor subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or his successors, to evidence the transfer.  History: [15-5-430, as added by 1971, ch. 111, sec. 1, p. 233; am. 2006, ch. 182, sec. 3, p. 566.]
ID Code § 15-5-431 (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 15-5-431 - PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDINGS.

15-5-431. PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDINGS. Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating: (a) That no protective proceeding relating to the protected person is pending in this state, including any proceeding under chapters 9, 10 and/or 11, title 15, Idaho Code; and (b) That the foreign conservator is entitled to payment or to receive delivery. If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.  History: [15-5-431, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 16, p. 319; am. 2006, ch. 182, sec. 4, p. 566.]
ID Code § 15-5-433 (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 15-5-433 - PROVISIONS FOR CONSERVATOR OF MINOR FROM AGE EIGHTEEN TO AGE TWENTY-ONE.

15-5-433. PROVISIONS FOR CONSERVATOR OF MINOR FROM AGE EIGHTEEN TO AGE TWENTY-ONE. If so stated in the order appointing such conservator, or in any supplemental order entered prior to the time the minor reaches the age of eighteen (18) years, the conservator for a minor (said minor being hereinafter referred to as the "protected person") shall act until the protected person reaches the age of twenty-one (21) years, subject to the following provisions: (a) The court may state in such order special terms and conditions for such conservator when acting while the protected person is of the age of eighteen (18) years or more, but less than the age of twenty-one (21) years; (b) Upon reaching the age of eighteen (18) years, the protected person may, at any time thereafter, petition the court to terminate or modify the conservatorship prior to the protected person attaining the age of twenty-one (21) years. Said petition must be based on the ability of the minor to adequately manage his or her own financial affairs, demonstrated by appropriate evidence, including: (1) Demonstrated ability to manage his or her financial affairs; (2) Submission of budgets and other appropriate similar documents; (3) Employment history; (4) Educational history; (5) Criminal history; and (6) Other relevant evidence; (c) The burden of showing such financial management ability shall be upon the protected person and must be demonstrated by clear and convincing evidence thereof; and (d) The court may, in its discretion, order reports to be filed by the conservator, and/or a court visitor, and/or may appoint a guardian ad litem for the protected person. The original determination of whether to extend the conservatorship to age twenty-one (21) years shall be within the discretion of the court and may be based on such factors as the court deems to be relevant to such determination.  History: [15-5-433, added 1996, ch. 423, sec. 1, p. 1447.]
ID Code § 15-5-434 (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 15-5-434 - GUARDIAN AD LITEM — DUTIES.

15-5-434. 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 protected person 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 protected person for whom appointed at each stage of the proceedings under this chapter and to be charged with the general representation of the protected person. To that end, the guardian ad litem shall participate fully in the proceedings to the degree necessary to adequately represent the protected person, and shall be entitled to confer with the protected person and the protected person’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 protected person’s attorney, if any, each fulfill their obligations to the protected person in a timely fashion; (5) To monitor the circumstances of a protected person, if the protected person 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 protected person; (6) To meet any parent or other person having legal or physical custody of the protected person, 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 protected person the legal protection otherwise provided by a conservator, or whether such powers, trusts or other measures could be reasonably created and, if so, to recommend that either no conservatorship be granted or that only a suitably limited conservatorship be granted; and (9) To exercise such other and further duties as may be expressly imposed by court order.  History: [15-5-434, added 2005, ch. 49, sec. 3, p. 183.]
ID Code § 15-5-435 (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 15-5-435 - GUARDIAN AD LITEM — RIGHTS AND POWERS.

15-5-435. GUARDIAN AD LITEM — RIGHTS AND POWERS. The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-434, 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 protected person, and to have all of the rights of the protected person, 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 conservator’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the protected person. (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 protected person necessary for the proceeding for which the guardian ad litem has been appointed.  History: [15-5-435, added 2005, ch. 49, sec. 4, p. 184; am. 2015, ch. 246, sec. 2, p. 1042.]
ID Code § 15-5-601 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 6 - BOARDS OF COMMUNITY GUARDIAN|Section 15-5-601 - DESIGNATION OF BOARDS OF COMMUNITY GUARDIAN.

15-5-601. DESIGNATION OF BOARDS OF COMMUNITY GUARDIAN. (a) After making a determination that there exists a need within a county for a guardian for those persons in need of guardianship and for whom there is no person or corporation qualified and willing to act in such capacity, the board of county commissioners may create and budget for, within the county, a board of community guardian. The board of county commissioners of one or more counties within a judicial district may jointly create and budget for a board of community guardian within that district.  History: [15-5-601, added 1982, ch. 285, sec. 14, p. 731; am. 1987, ch. 320, sec. 1, p. 673; am. 1992, ch. 22, sec. 1, p. 71.]
ID Code § 15-5-603 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY|Part 6 - BOARDS OF COMMUNITY GUARDIAN|Section 15-5-603 - ANNUAL REPORT.

15-5-603. ANNUAL REPORT. (a) Each board shall report annually in writing to the board of county commissioners and, in the case of a multi-county board, to each participating county, its activities for the preceding year, which report shall contain: (1) A fiscal report which adequately reflects the financial operation of the board; (2) The number of volunteer guardians obtained by the board; (3) The number of incapacitated persons for whom the board is acting as guardian; (4) Recommendations for improving guardianship services in the circuit; (5) Such other matters as may be determined advisable by the board or the board of county commissioners. The report shall be filed no later than April 1 of each year and shall cover the preceding calendar year. (b) The board of county commissioners shall review each report and shall determine whether to dissolve or continue the board of community guardian in the county. Where there is a multi-county board of community guardian, the boards of county commissioners of all concerned counties must concur in a decision to dissolve the board of community guardian.  History: [15-5-603, added 1982, ch. 285, sec. 14, p. 733; am. 1987, ch. 320, sec. 3, p. 675.]
ID Code § 15-6-102 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 1 - MULTIPLE-PARTY ACCOUNTS|Section 15-6-102 - OWNERSHIP AS BETWEEN PARTIES, AND OTHERS — PROTECTION OF FINANCIAL INSTITUTIONS.

15-6-102. OWNERSHIP AS BETWEEN PARTIES, AND OTHERS — PROTECTION OF FINANCIAL INSTITUTIONS. The provisions of sections 15-6-103 through 15-6-105 of this Part concerning beneficial ownership as between parties, or as between parties and P.O.D. payees or beneficiaries of multiple-party accounts, are relevant only to controversies between these persons and their creditors and other successors, and have no bearing on the power of withdrawal of these persons as determined by the terms of account contracts. The provisions of sections 15-6-108 through 15-6-113 of this Part govern the liability of financial institutions who make payments pursuant thereto, and their set-off rights.  History: [I.C., sec. 15-6-102, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-6-103 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 6 - NONPROBATE TRANSFERS|Part 1 - MULTIPLE-PARTY ACCOUNTS|Section 15-6-103 - OWNERSHIP DURING LIFETIME.

15-6-103. OWNERSHIP DURING LIFETIME. (a) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent. (b) A P.O.D. account belongs to the original payee during his lifetime and not to the P.O.D. payee or payees; if two (2) or more parties are named as original payees, during their lifetimes rights as between them are governed by subsection (a) of this section. (c) Unless a contrary intent is manifested by the terms of the account or the deposit agreement or there is other clear and convincing evidence of an irrevocable trust, a trust account belongs beneficially to the trustee during his lifetime, and if two (2) or more parties are named as trustee on the account, during their lifetimes beneficial rights as between them are governed by subsection (a) of this section. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.  History: [I.C., sec. 15-6-103, as added by 1971, ch. 111, sec. 1, p. 233.]