reglab/statecodes huggingface dataset:
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-104 - RIGHT OF SURVIVORSHIP.

15-6-104. RIGHT OF SURVIVORSHIP. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties as against the estate of the decedent if an intent to give the account can be shown by the surviving party or parties. If there are two (2) or more surviving parties, their respective ownerships during lifetime shall be in proportion to their previous ownership interests under section 15-6-103 of this Part augmented by an equal share for each survivor of any interest the decedent may have owned in the account immediately before his death; and the right of survivorship continues between the surviving parties.
(b) If the account is a P.O.D. account, on death of the original payee or of the survivor of two (2) or more original payees, any sums remaining on deposit belong to the P.O.D. payee or payees if surviving, or to the survivor of them if one (1) or more die before the original payee; if two (2) or more P.O.D. payees survive, there is no right of survivorship in event of death of a P.O.D. payee thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(c) If the account is a trust account, on death of the trustee or the survivor of two (2) or more trustees, any sums remaining on deposit belong to the person or persons named as beneficiaries, if surviving, or to the survivor of them if one (1) or more die before the trustee, unless there is clear and convincing evidence of a contrary intent; if two (2) or more beneficiaries survive, there is no right of survivorship in event of death of any beneficiary thereafter unless the terms of the account or deposit agreement expressly provide for survivorship between them.
(d) In other cases, the death of any party to a multiple-party account has no effect on beneficial ownership of the account other than to transfer the rights of the decedent as part of his estate.
(e) A right of survivorship arising from the express terms of the account or under this section, if an intent to give can be shown, a beneficiary designation in a trust account, or a P.O.D. payee designation, cannot be changed by will.
History:
[I.C., sec. 15-6-104, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. 1972, ch. 201, sec. 25, p. 510.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-105 - EFFECT OF WRITTEN NOTICE TO FINANCIAL INSTITUTION.

15-6-105. EFFECT OF WRITTEN NOTICE TO FINANCIAL INSTITUTION. The provisions of section 15-6-104 of this Part as to rights of survivorship are determined by the form of the account at the death of a party. This form may be altered by written order given by a party to the financial institution to change the form of the account or to stop or vary payment under the terms of the account. The order or request must be signed by a party, received by the financial institution during the party’s lifetime, and not countermanded by other written order of the same party during his lifetime.
History:
[I.C., sec. 15-6-105, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-106 - ACCOUNTS AND TRANSFERS NONTESTAMENTARY.

15-6-106. ACCOUNTS AND TRANSFERS NONTESTAMENTARY. Any transfers resulting from the application of section 15-6-104 of this chapter are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to chapters 1 through 4 of this code.
History:
[I.C., sec. 15-6-106, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-108 - FINANCIAL INSTITUTION PROTECTION — PAYMENT ON SIGNATURE OF ONE PARTY.

15-6-108. FINANCIAL INSTITUTION PROTECTION — PAYMENT ON SIGNATURE OF ONE PARTY. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts. Any multiple-party account may be paid, on request, to any one (1) or more of the parties. A financial institution shall not be required to inquire as to the source of funds received for deposit to a multiple-party account, or to inquire as to the proposed application of any sum withdrawn from an account, for purposes of establishing net contributions.
History:
[I.C., sec. 15-6-108, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-109 - FINANCIAL INSTITUTION PROTECTION — PAYMENT AFTER DEATH OR DISABILITY — JOINT ACCOUNT.

15-6-109. FINANCIAL INSTITUTION PROTECTION — PAYMENT AFTER DEATH OR DISABILITY — JOINT ACCOUNT. Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded; but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under section 15-6-104 of this Part.
History:
[I.C., sec. 15-6-109, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-110 - FINANCIAL INSTITUTION PROTECTION — PAYMENT OF P.O.D. ACCOUNT.

15-6-110. FINANCIAL INSTITUTION PROTECTION — PAYMENT OF P.O.D. ACCOUNT. Any P.O.D. account may be paid, on request, to any original party to the account. Payment may be made, on request, to the P.O.D. payee or to the personal representative or heirs of a deceased P.O.D. payee upon presentation to the financial institution of proof of death showing that the P.O.D. payee survived all persons named as original payees. Payment may be made to the personal representative or heirs of a deceased original payee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as an original payee or as P.O.D. payee.
History:
[I.C., sec. 15-6-110, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-111 - FINANCIAL INSTITUTION PROTECTION — PAYMENT OF TRUST ACCOUNT.

15-6-111. FINANCIAL INSTITUTION PROTECTION — PAYMENT OF TRUST ACCOUNT. Any trust account may be paid, on request, to any trustee. Unless the financial institution has received written notice that the beneficiary has a vested interest not dependent upon his surviving the trustee, payment may be made to the personal representative or heirs of a deceased trustee if proof of death is presented to the financial institution showing that his decedent was the survivor of all other persons named on the account either as trustee or beneficiary. Payment may be made, on request, to the beneficiary upon presentation to the financial institution of proof of death showing that the beneficiary or beneficiaries survived all persons named as trustees.
History:
[I.C., sec. 15-6-111, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-112 - FINANCIAL INSTITUTION PROTECTION — DISCHARGE.

15-6-112. FINANCIAL INSTITUTION PROTECTION — DISCHARGE. Payment made pursuant to sections 15-6-108, 15-6-109, 15-6-110 or 15-6-111 of this Part discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.O.D. payees, or beneficiaries, or their successors. The protection here given does not extend to payments made after a financial institution has received written notice from any party able to request present payment to the effect that withdrawals in accordance with the terms of the account should not be permitted. Unless the notice is withdrawn by the person giving it, the successor of any deceased party must concur in any demand for withdrawal if the financial institution is to be protected under this section. No other notice or any other information shown to have been available to a financial institution shall affect its right to the protection provided here. The protection here provided shall have no bearing on the rights of parties in disputes between themselves or their successors concerning the beneficial ownership of funds in, or withdrawn from, multiple-party accounts.
History:
[I.C., sec. 15-6-112, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 6 - NONPROBATE TRANSFERS › Part 1 - MULTIPLE-PARTY ACCOUNTS › Section 15-6-113 - FINANCIAL INSTITUTION PROTECTION — SETOFF.

15-6-113. FINANCIAL INSTITUTION PROTECTION — SETOFF. Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to setoff against the account in which the party has or had immediately before his death a present right of withdrawal. The amount of the account subject to setoff is that proportion to which the debtor is, or was immediately before his death, beneficially entitled, and in the absence of proof of net contributions, to an equal share with all parties having present rights of withdrawal.
History:
[I.C., sec. 15-6-113, as added by 1971, ch. 111, sec. 1, p. 233.]