reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-209 - POWERS AND DUTIES OF GUARDIAN OF MINOR.

15-5-209. POWERS AND DUTIES OF GUARDIAN OF MINOR. A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not legally obligated to provide from his own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward. In particular, and without qualifying the foregoing, a guardian has the following powers and duties:
(1) He must take reasonable care of his ward’s personal effects and commence protective proceedings if necessary to protect other property of the ward.
(2) He may receive money payable for the support of the ward to the ward’s parent, guardian or custodian under the terms of any statutory benefit or insurance system, or any private contract, devise, trust, conservatorship or custodianship. He also may receive money or property of the ward paid or delivered by virtue of section 15-5-103, Idaho Code. Any sums so received shall be applied to the ward’s current needs for support, care and education. He must exercise due care to conserve any excess for the ward’s future needs unless a conservator has been appointed for the estate of the ward, in which case the excess shall be paid over at least annually to the conservator. Sums so received by the guardian are not to be used for compensation for his services except as approved by order of the court or as determined by a duly appointed conservator other than the guardian. A guardian may institute proceedings to compel the performance by any person of a duty to support the ward or to pay sums for the welfare of the ward.
(3) The guardian is empowered to facilitate the ward’s education, social, or other activities and to authorize medical or other professional care, treatment, or advice. A guardian is not liable by reason of this consent for injury to the ward resulting from the negligence or acts of third persons unless it would have been illegal for a parent to have consented. A guardian may consent to the marriage or adoption of his ward.
(4) A guardian shall report to the court at least annually on the status of the ward and the ward’s estate which has been subject to his possession or control. All reports shall be under oath or affirmation and shall comply with the Idaho supreme court rules.
History:
[15-5-209, added 1971, ch. 111, sec. 1, p. 233; am. 2014, ch. 164, sec. 1, p. 460.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-210 - TERMINATION OF APPOINTMENT OF GUARDIAN — GENERAL.

15-5-210. TERMINATION OF APPOINTMENT OF GUARDIAN — GENERAL. A guardian’s authority and responsibility terminates upon the death, resignation or removal of the guardian, termination of the guardianship or upon the minor’s death, adoption, marriage or attainment of majority, but termination does not affect his liability for prior acts, nor his obligation to account for funds and assets of his ward. Resignation of a guardian without the appointment of a successor guardian does not terminate the guardianship until it has been approved by the court. A testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding.
History:
[15-5-210, added 1971, ch. 111, sec. 1, p. 233; am. 2016, ch. 148, sec. 1, p. 416.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-211 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.

15-5-211. PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE. (a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, if in this state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. If the court in which acceptance of appointment is filed is in another state, the court in this state shall proceed in accordance with chapters 9, 10 and/or 11, title 15, Idaho Code, as appropriate.
History:
[15-5-211, as added by 1971, ch. 111, sec. 1, p. 233; am. 2006, ch. 182, sec. 1, p. 565.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-212 - RESIGNATION, REMOVAL, MODIFICATION OR TERMINATION PROCEEDINGS.

15-5-212. RESIGNATION, REMOVAL, MODIFICATION OR TERMINATION PROCEEDINGS. (1) Any person interested in the welfare of a ward, or the ward if fourteen (14) or more years of age, may petition for removal of a guardian, or for modification or termination of the guardianship, on the ground that such removal, modification or termination would be in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
(2) After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
(3) If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen (14) or more years of age.
History:
[15-5-212, added 1971, ch. 111, sec. 1, p. 233; am. 2016, ch. 148, sec. 2, p. 416.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-212A - GUARDIANSHIPS ARISING IN CONNECTION WITH A PROCEEDING UNDER THE CHILD PROTECTIVE ACT.

15-5-212A. GUARDIANSHIPS ARISING IN CONNECTION WITH A PROCEEDING UNDER THE CHILD PROTECTIVE ACT. Where a minor is within the jurisdiction of a court under the child protective act, or where a guardianship proceeding arose in connection with a permanency plan for a minor who was the subject of a proceeding under the child protective act:
(1) The court having jurisdiction over the proceeding under the child protective act shall have exclusive jurisdiction and venue over any guardianship proceeding involving such minor unless, in furtherance of the permanency plan, the court declines to exercise such jurisdiction and venue, notwithstanding sections 15-5-205 and 15-5-211, Idaho Code.
(2) In any action connected to a guardianship governed by this section, in addition to notice or service upon interested parties pursuant to section 15-1-401, Idaho Code, notice of the following shall be served upon the department of health and welfare in the manner prescribed in Idaho rule of civil procedure 4(d)(5):
(a) Any petition for the appointment of a guardian of a minor;
(b) Any pleading filed in connection with such guardianship;
(c) Any proceeding of any nature in such guardianship; or
(d) The time and place of any hearing in connection with such guardianship.
(3) In any action governed by this section, the department of health and welfare shall have the right to appear and be heard at any hearing, and shall have the right to intervene at any stage of the action.
(4) A guardian appointed in an action governed by this section may not consent to the adoption of the minor without providing prior notice of the action of adoption to the department of health and welfare in a manner prescribed in section 15-1-401, Idaho Code.
(5) Any person who moves to terminate a guardianship governed by this section has the burden of proving, by clear and convincing evidence, that:
(a) There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and
(b) Termination of the guardianship would be in the best interests of the minor.
(6) In any action governed by this section, any person who moves to remove a guardian or modify a guardianship has the burden of proving, by clear and convincing evidence, that:
(a) There has been a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship; and
(b) Removal of the guardian or modification of the guardianship would be in the best interests of the minor.
History:
[15-5-212A, added 2007, ch. 72, sec. 1, p. 195.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 2 - GUARDIANS OF MINORS › Section 15-5-213 - DE FACTO CUSTODIAN.

15-5-213. DE FACTO CUSTODIAN. (1) "De facto custodian" means a person who has either been appointed the de facto custodian pursuant to section 32-1705, Idaho Code, or if not so appointed, has been the primary caregiver for, and primary financial supporter of, a child who, prior to the filing of a petition for guardianship, has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older.
(2) If a court determines by clear and convincing evidence that a person meets the definition of a de facto custodian, and that recognition of the de facto custodian is in the best interests of the child, the court shall give the person the same standing that is given to each parent in proceedings for appointment of a guardian of a minor. In determining whether recognition of a de facto custodian is in the child’s best interests, the court shall consider:
(a) Whether the child is currently residing with the person seeking such standing; and
(b) If the child is not currently residing with the person seeking such standing, the length of time since the person served as the child’s primary caregiver and primary financial supporter.
History:
[15-5-213, added 2004, ch. 145, sec. 2, p. 476; am. 2005, ch. 113, sec. 2, p. 365; am. 2010, ch. 236, sec. 3, p. 612.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-302 - VENUE.

15-5-302. VENUE. The venue for guardianship proceedings for an incapacitated person is in the place where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
History:
[I.C., sec. 15-5-302, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-304 - FINDINGS — ORDER OF APPOINTMENT.

15-5-304. FINDINGS — ORDER OF APPOINTMENT. (a) The court shall exercise the authority conferred in this part so as to encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person’s actual mental and adaptive limitations or other conditions warranting the procedure.
(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person. The court, on appropriate findings, may:
(1) Treat the petition as one for a protective order under section 15-5-401, Idaho Code, and proceed accordingly;
(2) Enter any other appropriate order; or
(3) Dismiss the proceedings.
(c) (1) As an alternative to appointing one (1) guardian for an incapacitated person, the court may appoint no more than two (2) persons as co-guardians for the incapacitated person if the court finds:
(i) The appointment of co-guardians will best serve the interests of the incapacitated person; and
(ii) The persons to be appointed as co-guardians will work together cooperatively to serve the best interests of the incapacitated person.
(2) The parents of an incapacitated person shall have preference over all other persons for appointment as co-guardians, unless the court finds that the parents are unwilling to serve as co-guardians, or are not capable of adequately serving the best interests of the incapacitated person.
(3) If the court appoints co-guardians, the court shall also determine whether the guardians:
(i) May act independently;
(ii) May act independently but must act jointly in specified matters; or
(iii) Must act jointly.
This determination by the court must be stated in the order of appointment and in the letters of guardianship.
(d) The court may, at the time of appointment or later, on its own motion or on appropriate petition or motion of the incapacitated person or other interested person, limit the powers of a guardian otherwise conferred by this section and thereby create a limited guardianship. Any limitations on the statutory power of a guardian of an incapacitated person shall be endorsed on the guardian’s letters, or in the case of a guardian by testamentary appointment, shall be reflected in letters that shall be issued at the time any limitation is imposed. Following the same procedure, a limitation may be removed and appropriate letters issued.
History:
[15-5-304, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 4, p. 724; am. 2017, ch. 261, sec. 3, p. 646.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-305 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.

15-5-305. ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address as listed in the court records and to his address as then known to the petitioner.
History:
[I.C., sec. 15-5-305, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-306 - TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON.

15-5-306. TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON. (1) Subject to subsection (2) of this section, the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 15-5-307 of this part. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.
(2) If the conditions set forth in section 54-1142(1)(j) exist, then the guardianship shall continue as set forth in that section.
History:
[15-5-306, as added by 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 19, p. 510; am. 2006, ch. 181, sec. 2, p. 562.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-307 - REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY.

15-5-307. REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY. (a) On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept his resignation and make any other order which may be appropriate.
(b) An order adjudicating incapacity may specify a minimum period, not exceeding one (1) year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in his welfare may petition for an order that he is no longer incapacitated, and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court.
(c) Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward’s incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian, and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.
(d) Upon request, a jury may be summoned to hear factual issues as in other civil cases.
History:
[I.C., sec. 15-5-307, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-308 - VISITOR IN GUARDIANSHIP PROCEEDING.

15-5-308. VISITOR IN GUARDIANSHIP PROCEEDING. (1) A visitor is, with respect to guardianship proceedings, an individual with no personal interest in the proceedings and who meets the qualifications identified in Idaho supreme court rule. A visitor may either be an employee of or appointed by the court. If appointed, a visitor becomes an officer of the court.
(2) A visitor must report to the court on the status of the person proposed to be under guardianship. All reports must be under oath or affirmation and must comply with Idaho supreme court rules.
(3) A visitor shall be personally immune from any liability for acts, omissions or errors in the same manner as if such visitor were a volunteer or director under the provisions of section 6-1605, Idaho Code.
(4) A visitor cannot serve as guardian ad litem. The visitor and the guardian ad litem for the person proposed to be under guardianship may not be members or employees of the same entity.
(5) The visitor may request to order a criminal history and background check at the proposed guardian’s expense on any individual who resides in or may frequent the residence of the person proposed to be under guardianship. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.
History:
[15-5-308, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 20, p. 510; am. 1997, ch. 201, sec. 1, p. 576; am. 1999, ch. 128, sec. 2, p. 371; am. 2002, ch. 217, sec. 1, p. 595; am. 2008, ch. 74, sec. 1, p. 195; am. 2013, ch. 262, sec. 1, p. 640; am. 2017, ch. 261, sec. 4, p. 647.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-309 - NOTICES IN GUARDIANSHIP PROCEEDINGS.

15-5-309. NOTICES IN GUARDIANSHIP PROCEEDINGS. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing shall be given to each of the following:
(a) The ward or the person alleged to be incapacitated and his spouse, or, if none, his adult children or if none, his parents;
(b) Any person who is serving as his guardian, conservator or who has his care and custody;
(c) In case no other person is notified under subsection (1)(a) of this section, at least one (1) of his closest adult relatives, if any can be found; and
(d) Any person who has filed a request for notice under this section.
(2) Notice shall be served personally on the alleged incapacitated person. In all other cases, required notices shall be given as provided in section 15-1-401, Idaho Code. Waiver of notice by the person alleged to be incapacitated is not effective unless he attends the hearing or his waiver of notice is confirmed by the visitor or the guardian ad litem. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.
(3) Any person desiring notice of any order or filing in a proceeding involving an alleged incapacitated person in whom he is interested may file a request for notice with the court stating his name, the name of the incapacitated person, the nature of the requesting person’s interest, and address or that of his attorney. Upon payment of any fee required by statute or court rule, the clerk shall mail a copy of the request to the guardian if one has been appointed or to the petitioner if there is no guardian. A request is effective only as to matters occurring after its filing.
History:
[15-5-309, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 5, p. 724; am. 2007, ch. 70, sec. 1, p. 187; am. 2007, ch. 71, sec. 2, p. 193.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-310 - TEMPORARY GUARDIANS OF INCAPACITATED PERSONS.

15-5-310. TEMPORARY GUARDIANS OF INCAPACITATED PERSONS. (a) The court may appoint a temporary guardian if it finds:
(1) A petition for guardianship under section 15-5-303, Idaho Code, has been filed, but a guardian has not yet been appointed;
(2) Substantial evidence of incapacity;
(3) By a preponderance of the evidence an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare; and
(4) No other person appears to have the ability, authority and willingness to act.
(b) When a person is under guardianship, the court may appoint a temporary guardian if it finds:
(1) Substantial evidence that the guardian is not performing the guardian’s duties; and
(2) By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare.
The authority of a guardian previously appointed by the court is suspended as long as a temporary guardian has authority. The court must hold a hearing before the expiration of the temporary guardian’s authority and may enter any appropriate order.
(c)(1) A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held.
(2) If the court appoints a temporary guardian without notice, notice of the appointment must be given to those designated in section 15-5-309, Idaho Code, within seventy-two (72) hours after the appointment. The notice must inform the interested persons of the right to request a hearing. The court must hold a hearing on the appropriateness of the appointment within fourteen (14) days after the request by an interested person.
(3) The temporary guardian’s authority may not exceed ninety (90) days, unless extended for good cause. The powers of the temporary guardian must be limited to those necessary to protect the immediate health, safety or welfare of the person until such time as a hearing may be held in the matter.
(4) A temporary guardian must make reports as the court requires.
History:
[15-5-310, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 6, p. 725; am. 1999, ch. 128, sec. 3, p. 372; am. 2005, ch. 52, sec. 1, p. 189; am. 2017, ch. 261, sec. 5, p. 648; am. 2020, ch. 123, sec. 2, p. 381.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-313 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.

15-5-313. PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE. (a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian, or to remove limitations previously imposed.
(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, if in this state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, altering his authority or removing a guardian shall be sent to the court in which acceptance of appointment is filed. If the court in which acceptance of appointment is filed is in another state, the court in this state shall proceed in accordance with chapters 9, 10 and/or 11, title 15, Idaho Code, as appropriate.
History:
[15-5-313, as added by 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 8, p. 727; am. 2006, ch. 182, sec. 2, p. 565.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-314 - COMPENSATION AND EXPENSES.

15-5-314. COMPENSATION AND EXPENSES. (1) If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, guardian, or temporary guardian appointed in a protective proceeding is entitled to reasonable compensation from the estate for services rendered and expenses incurred in such status, including for services rendered and expenses incurred prior to the actual appointment of said guardian or temporary guardian which were reasonably related to the proceedings. If any person brings or defends any guardianship proceeding in good faith, whether successful or not, he or she is entitled to receive from the estate his or her necessary expenses and disbursements including reasonable attorney’s fees incurred in such proceeding. If the estate is inadequate to bear any of the reasonable compensation, fees, and/or costs referenced in this section, the court may apportion the reasonable compensation, fees, and/or costs to any party, or among the parties, as the court deems reasonable.
(2) If court visitor services are provided by court personnel, any moneys recovered shall be collected through the clerk of the district court of the county in which the appointment was made and the clerk shall pay the moneys to the state treasurer for deposit in the guardianship and conservatorship project fund established by section 31-3201G, Idaho Code.
History:
[15-5-314, added 2002, ch. 215, sec. 1, p. 594; am. 2014, ch. 164, sec. 3, p. 461.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-315 - GUARDIAN AD LITEM — DUTIES.

15-5-315. GUARDIAN AD LITEM — DUTIES. Subject to the direction of the court, the guardian ad litem shall have the following duties, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first:
(1) To conduct an independent factual investigation of the circumstances of the ward including, without limitation, the circumstances described in the petition;
(2) To file with the court a written report stating the results of the investigation, the guardian ad litem’s recommendations, and such other information as the court may require. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case, at least five (5) days before the date set for the adjudicatory hearing;
(3) To act as an advocate for the ward for whom appointed at each stage of the proceedings under this chapter and to be charged with the general representation of the ward. To that end, the guardian ad litem shall participate fully in the proceedings to the degree necessary to adequately represent the ward, and shall be entitled to confer with the ward and the ward’s immediate family including, but not limited to, spouse, parents, siblings, children and next of kin;
(4) To facilitate and negotiate to ensure that the court, the department of health and welfare, if applicable, and the ward’s attorney, if any, each fulfill their obligations to the ward in a timely fashion;
(5) To monitor the circumstances of a ward, if the ward is found to be within the purview of this chapter, to assure compliance with the law, and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the ward;
(6) To meet any parent or other person having legal or physical custody of the ward, record the concerns of the parent, and report them to the court or, if no such meeting occurs, file an affidavit stating why no meeting occurred;
(7) To maintain all information regarding the case confidential and to not disclose such information except to the court or to other parties to the case;
(8) To determine whether existing powers, trusts, and other measures may adequately give the ward the legal protection otherwise provided by a guardian, or whether such powers, trusts or other measures could be reasonably created and, if so, to recommend that either no guardianship be granted or that only a suitably limited guardianship be granted; and
(9) To exercise such other and further duties as may be expressly imposed by court order.
History:
[15-5-315, added 2005, ch. 49, sec. 1, p. 181.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-316 - GUARDIAN AD LITEM — RIGHTS AND POWERS.

15-5-316. GUARDIAN AD LITEM — RIGHTS AND POWERS. The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-315, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first.
(1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the ward, and to have all of the rights of the ward, whether conferred by statute, rule of court, or otherwise.
(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the guardian’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the ward.
(3) Except to the extent prohibited or regulated by federal law, upon presentation of a copy of the order appointing the guardian ad litem, any person or agency including, without limitation, any hospital, school organization, department of health and welfare, doctor, nurse or other health care provider, psychologist, psychiatrist, police department, or mental health clinic, shall permit the guardian ad litem to inspect and copy pertinent records relating to the ward necessary for the proceeding for which the guardian ad litem has been appointed.
(4) The guardian ad litem may request, and the court may order whether in response to such request or otherwise, a criminal history and background check to be conducted at the proposed guardian’s expense on any individual who resides in the ward’s proposed residence. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.
History:
[15-5-316, added 2005, ch. 49, sec. 2, p. 182; am. 2008, ch. 74, sec. 4, p. 197; am. 2013, ch. 262, sec. 3, p. 642; am. 2015, ch. 246, sec. 1, p. 1042.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY › Part 3 - GUARDIANS OF INCAPACITATED PERSONS › Section 15-5-318 - TERMINATION OR MODIFICATION OF GUARDIANSHIP.

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

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

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

15-5-403. VENUE. Venue for proceedings under this chapter is:
(a) In the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or
(b) If the person to be protected does not reside in this state, in any place where he has property.
History:
[I.C., sec. 15-5-403, as added by 1971, ch. 111, sec. 1, p. 233.]
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 15-5-404 - 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.]
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 15-5-405 - 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.]
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 15-5-406 - 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.]
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 15-5-407 - 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.]
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 15-5-409 - 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.]