IdahoS 12402026 regular legislative sessionSenateWALLET

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT – Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

Sponsored By: JUDICIARY AND RULES COMMITTEE

Signed by Governor

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT

Your PRIA Score

Score Hidden

Personalized for You

How does this bill affect your finances?

Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.

Free to start

Bill Overview

Analyzed Economic Effects

32 provisions identified: 19 benefits, 1 costs, 12 mixed.

Tax breaks for caregivers and disabled

Beginning January 1, 2027, you can claim a $1,000 deduction for each dependent who is 65+ or has a developmental disability, if you provide over half their support. You can claim up to three of these deductions per return. A person with a developmental disability who files their own return can also claim a $1,000 deduction. Instead of the deduction, you may apply for a $100 payment per eligible family member, up to three per year. A person with a developmental disability filing their own return may claim a $100 payment.

Conservators can manage money and pay

A conservator can run a business, buy or sell property, invest, borrow, and insure the estate without a separate court order, unless the court limits this or the law requires approval. Beginning January 1, 2027, a conservator may use income or principal to pay for support, care, education, health, or welfare for the person or a dependent. The conservator must consider the estate size, needs, and preferences, and follow any court limits and the approved plan.

Stronger safeguards for conservatorships

Courts appoint conservators only when needed and must limit powers to the person’s actual needs. Conservators must get court approval before big actions like selling or leasing a primary home, making large gifts, changing trusts, or moves that affect benefits. A bond or similar asset protection is usually required and is generally the estate’s capital value plus one year’s expected income (minus excluded property); banks and trust companies need no bond. The conservator and surety are jointly liable on the bond, and the surety must alert the court if the bond is not renewed. Orders must explain why less‑restrictive options won’t work and list who gets notice of key events. You, the conservator, or an interested person may ask to modify or end a conservatorship, and the court holds hearings when the facts support it. Guardians and conservators can prudently delegate tasks and are not personally liable just for serving. Courts may allow reasonable fees and expense reimbursements for guardians, conservators, and attorneys, usually paid from the protected person’s property; courts can split fees, charge bad‑faith petitioners, and cannot bill the county.

Clearer rules for minor guardianships

A person can be a de facto custodian by clear and convincing proof of primary caregiving and support. If the child is under 3, they must have lived with that person at least 6 months; at age 3 or older, at least 12 months. Minor petitions must include set facts, and you must personally serve the child (age 12+), parents, and others. A child age 12+ can ask for an attorney and generally must attend hearings unless the court finds clear reasons to excuse attendance. Courts can appoint emergency guardians for up to 90 days, with one 90‑day extension, and must hold a hearing within 7 days if appointed without prior notice. Parents’ and a 12+ child’s nominees get priority, and a will can name a guardian; a 12+ child can object within 30 days after notice of acceptance. Guardians have parent‑like duties (care, education, health) and must report to the court. Guardianships end at adulthood, emancipation, adoption, death, or when the standard is no longer met; anyone interested may ask the court to change or end it. A parent may delegate care by power of attorney for up to 6 months (12 months if serving outside the U.S. military); if no end date is stated, it lasts 3 years.

After appointment, clear rights and notices

Within 14 days of appointment, the guardian or conservator must give you the order and tell you that you can ask to end or change it. Within 30 days, the court must send a plain‑language statement of your rights and how to seek relief, in your language when feasible. You generally get at least 14 days’ notice before your primary home is changed, unless the court allows otherwise.

Easier to end or change orders

You, the guardian, or an interested person can ask the court to end or change a guardianship. The court must hold a hearing for a qualifying petition and end it if you make a prima facie case unless a basis is proven. People placed in facilities or committed can request an annual review and may petition the district court to reexamine whether the reasons for the order still exist.

Fast court help to stop financial harm

Courts can quickly protect a person’s money when harm is likely. They can appoint an emergency conservator for up to 90 days, with one 90‑day extension. If appointed without notice, the court must give notice within 48 hours and hold a hearing within 7 days. While a case is pending, the court can order property used or preserved for needed support after a preliminary hearing. Starting January 1, 2027, courts can also order someone who used fraud or coercion to stay away from the person or their property.

Less-restrictive protective orders for adults

The law lets courts use narrow protective arrangements instead of full guardianship or conservatorship. Beginning January 1, 2027, a court may order limited steps only if clear and convincing evidence shows the adult cannot meet basic needs or manage money even with help, and no less-restrictive option works. For minors’ money matters, the court may order a limited financial arrangement if it is in the child’s best interest. Orders can be limited to specific transactions or restrict certain people’s access. The court may appoint a master to help carry out the order.

Stronger conservator duties and oversight

A conservator is a fiduciary and must act prudently and loyally, support self‑determination, and invest like a prudent investor. The conservator must file an inventory within 90 days and notify required people within 7 days after filing. Starting January 1, 2027, reports and monitoring follow Idaho Supreme Court rules. Starting January 1, 2027, if the person dies, the conservator must file any will with the court and may apply to be personal representative if none is appointed after 40 days. The court may remove a conservator for cause and appoint a successor; the protected person has a right to counsel, and the successor must give notice within 30 days.

Stronger notice, clear orders, and privacy

Courts must personally serve adults facing guardianship with the petition and hearing notice. If proper notice is not served, the court cannot grant the petition. Beginning January 1, 2027, protective‑arrangement cases follow similar personal‑notice rules and must notify anyone the order restricts. Guardianship orders must list exact rights kept or removed, and why less‑restrictive options do not work. Guardianship and protective‑arrangement records are kept confidential under Idaho Supreme Court rules.

You get a lawyer and a voice

You have the right to attend these hearings, and courts must offer video or another location if needed. Hearings generally do not go forward without you unless the court makes clear and convincing findings. If you do not have a lawyer, the court appoints one in guardianship and protective‑arrangement cases and can appoint one in conservatorship cases. Your lawyer must push for your wishes or, if unclear, for the least-restrictive option.

Clear order for health-care surrogates

Beginning January 1, 2027, the law sets a clear order for who may consent to health care when a person cannot. A court‑appointed guardian and a person named in an advance care plan have priority. A surrogate must understand the care and cannot act against the person’s advance directive or past wishes. People and providers who act in good faith under these rules are protected from civil liability.

Special needs trusts not counted

Beginning January 1, 2027, money and property in a properly structured special needs trust do not count as resources for public-assistance eligibility. The trust must follow the Social Security Act rules in sections 1917(c) and (d). This helps people with disabilities keep or qualify for benefits like Medicaid.

Grievance and backup guardian tools

You or another interested person can file a written grievance if a guardian or conservator is breaching duties. The court reviews it, may hold a hearing, can order reports, and may appoint a guardian ad litem or attorney. The court can install a temporary substitute guardian or conservator for up to six months when urgent action is needed or removal is pending. The current guardian’s authority is suspended while the substitute serves, and notice must go out within seven days.

Stronger rules for conservators and estates

Beginning January 1, 2027, property in a conservatorship is generally not subject to seizure or garnishment, and deals with big conflicts of interest are voidable unless a court approves them after notice. Claims must be delivered to the conservator or filed in court; the conservator has 60 days to disallow or the claim is allowed, and if money runs short, claims are paid by a set priority. Conservators acting properly are not personally liable on estate contracts, and good‑faith third parties who deal with a conservator are protected. After appointment, anyone concerned can ask the court for a bond, an accounting, removal, or changes to powers. When a court creates a trust, benefit payments go to the trustee as payee.

Stronger rights and clear competency steps

Beginning January 1, 2027, indigent people who are detained, confined, hospitalized under listed laws, or formally charged get a state‑paid lawyer and needed services. Police and courts must clearly tell them about this right and notify defense providers if they have no lawyer. When fitness to proceed is in doubt, a qualified examiner is appointed, the exam site is set within three days, and a hold for the exam may last up to 30 days. If found unfit, the case pauses and the person may be committed for up to 90 days, with a possible 180‑day extension if improvement is likely. If the person can afford it, they must pay exam costs; if they refuse treatment, the court holds a hearing within seven days to consider involuntary treatment.

Uniform guardianship system starts 2027

Idaho adopts a uniform guardianship and conservatorship law on January 1, 2027. Idaho district courts handle these cases, and the first county to file generally proceeds. Hearings require at least 14 days’ notice in plain language, and courts issue letters that show any limits on powers. Conservatorship records stay confidential under court rules. Out-of-state guardians and conservators can register their orders to act in Idaho; conservators must also file any required bond and register in the county where the property is located. Registration is not allowed if a petition is already pending in Idaho.

Clear filing and notice in conservatorships

The law spells out who can file for a conservatorship and what the petition must include. The court sets a hearing and serves the respondent with the petition and a notice of rights. The court may not grant a petition without proper notice. A person facing conservatorship cannot waive their right to be notified.

Guardians get privacy and court access

Beginning January 1, 2027, guardians, parents, and adults can use the state’s address‑confidentiality program for a ward. Certifications last four years and can be renewed; certain claims require a sworn statement and evidence. A guardian may also file a habeas corpus petition for a minor or incapacitated person to challenge unlawful restraint.

Independent evaluations before the court decides

In adult cases with a developmental disability, the court uses a special evaluation committee. For other adults, the court uses a visitor to check facts. The court can also order a qualified, impartial professional evaluation if you ask or if it needs more information. The evaluator files a report, and you may decline to participate.

Path to restore firearms rights

Starting January 1, 2027, courts must send qualifying orders to the NICS database. If you are subject to such an order, you can seek relief once every two years. You must serve the petition on the health department director and the county prosecutor. The court grants relief if you prove by a preponderance of the evidence you are not likely dangerous and relief is not against the public interest. Clerks send relief orders to Idaho State Police and the FBI/NICS.

Short-term emergency guardians for safety

A court may appoint an emergency guardian to prevent serious harm when no one else can act. Emergency authority lasts up to 90 days and can be extended once for up to 90 more days. The court appoints an attorney for the person and generally gives notice. In limited, supported cases, the court may act on short notice.

Tailored protective orders, not control

Starting January 1, 2027, courts can order narrow protective arrangements instead of a full guardian or conservator. Petitions must explain why less‑restrictive options were not enough and list property and income if money is involved. Courts weigh factors a conservator would use, the person’s best interest, and, for a child age 12 or older, the child’s preference.

Tougher sentences for crimes against disabled kids

The law adds new aggravating factors at sentencing for aggravated lewd conduct when the victim is under 16, and for victims age 12 or younger, if the defendant knew or had reason to know the child has a developmental disability. Judges can use these facts to increase sentence severity.

New guardianship and conservatorship fees

Beginning January 1, 2027, courts charge $50 to file a guardianship or conservatorship case. They also charge $41 for each conservator report and $25 for each guardian report. Counties send these fees to a state fund that pays for monitoring, standards, and related oversight. The Idaho Supreme Court reports on the fund each year.

Updated definitions and power-of-attorney rules

The law clarifies key terms. It treats an adult as age 18+ (and includes emancipated minors), and updates who counts as a guardian or conservator and as an incapacitated person. It also treats references to an “incompetent person” as including people who may have a conservator. A principal can nominate a conservator in a power of attorney. If a court later appoints a conservator, the agent must answer to that conservator and the power of attorney ends unless the court says otherwise.

Adult guardian choices and checks

Courts follow a priority list when naming an adult guardian but can choose differently if it is in the person’s best interest. Paid providers, long‑term care staff, and most felons are not chosen unless the court finds clear and convincing reasons. Proposed guardians must pay for criminal background checks, and the court can require checks for people living in the guardian’s home. Adult guardianship petitions must list key relationships, reasons for guardianship, requested powers, any limits on contact, property, and interpreter needs.

New concealed-carry rules for people and property

Beginning January 1, 2027, sheriffs must issue concealed‑carry licenses to qualified 18–20 year‑olds; these licenses look different and expire on the holder’s 21st birthday, with renewal allowed at 21. Private property owners, tenants, and private employers keep the right to restrict carrying on their premises. On government property that is normally open to the public, carry limits are allowed only for private‑invitation events, admission‑charging events, or other times when access is clearly restricted.

New rules for bail agents

Starting January 1, 2027, bail enforcement agents must be 18 or older, be a U.S. citizen or legal resident, and not be fugitives or adjudicated incapacitated. They must carry ID and case documents, wear a badge marked “bail enforcement agent,” and notify the county sheriff before a planned apprehension. They cannot act like police or wear police‑style uniforms. Penalties are up to a $1,000 fine for a first offense, and up to six months in jail and a $1,000 fine for later offenses.

Old guardianship and disability laws repealed

On January 1, 2027, the state repeals earlier disability sections (66‑404, 66‑404A, 66‑405) and the prior Chapter 5, Title 15. The new uniform act replaces those rules and now governs guardianships, conservatorships, and protective arrangements.

County community guardian boards

Counties may create and fund boards to serve people who need a guardian when no qualified person is available. Boards can seek appointment, access records, and be paid for service. Unpaid fees can become a lien on real property if recorded within 30 days; courts may waive fees if the person has no funds. Each board must file an annual report by April 1, and county commissioners decide whether to continue or dissolve the board.

Paper notices still required in cases

Beginning January 1, 2027, this law limits how electronic signatures and deliveries under federal ESIGN apply in guardianship and related cases. It does not change ESIGN section 101(c) and does not allow electronic delivery of certain notices listed in section 103(b). Some notices must still be delivered on paper.

Sponsors & Cosponsors

Sponsor

JUDICIARY AND RULES COMMITTEE
Affiliation unavailable

Cosponsors

Dustin Manwaring
Republican • House
James D. Ruchti
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 100 • No: 0

Senate vote • 3/12/2026

Senate Floor Vote

Yes: 68 • No: 0

Senate vote • 2/13/2026