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

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Bill Overview

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58 provisions identified: 39 benefits, 3 costs, 16 mixed.

Court must okay big money moves

A conservator must notify required people and get court approval before major actions. These include large gifts, selling or encumbering the primary home, creating or revoking trusts, changing beneficiaries, cashing out policies, exercising spousal rights, and other listed steps. This keeps big financial choices under court review to protect your assets.

Protective orders instead of guardianship

The law lets courts issue narrow protective orders instead of a full guardianship or conservatorship. For adults, the court must find by clear and convincing evidence they cannot meet basic needs or manage money even with supports, and that less‑restrictive options do not work. For minors, the court may order one if it is in the child’s best interest and financial needs exist. Orders can allow medical care, moves, specific money transactions, and can limit or block access by people who used fraud, coercion, or control and pose a serious financial risk. You must personally serve the person with the petition and hearing notice. After an order, the petitioner must notify the person and anyone whose access is restricted. Petitions must list key facts, supports tried, and any requested contact limits.

Tighter test, smaller powers for conservators

A court may appoint a conservator for an adult only with clear and convincing proof that the person cannot manage finances despite support, or is missing or detained, and that it is needed to avoid harm or get needed funds. The court must first consider less‑restrictive options and then limit a conservator’s powers to only what is necessary.

Stronger guardrails on guardians and care decisions

Facility owners, operators, and staff cannot serve as a resident’s guardian unless they are related by blood, marriage, or adoption. A court will not appoint a convicted felon as guardian, or someone whose home is frequented by a felon, unless it finds clear and convincing evidence it is in the person’s best interest. A guardian cannot change an advance directive or power of attorney, start civil commitment outside state law, or cut off visits and calls except briefly for good cause or with a court order. For people with developmental disabilities, guardians generally cannot refuse medically necessary treatment that would endanger life or health; providers must treat if a guardian cannot give valid consent. Concerns about withheld care can be reported for fast court action.

Stronger rights and notices in adult guardianship

The court must prove with clear and convincing evidence that less‑restrictive help will not work before naming a guardian. Orders must say if guardianship is full or limited, list who gets notices, and protect the right to marry unless the court removes it with clear findings. For people with a developmental disability, the order must state special legal limits on a guardian’s power. Within 14 days, the guardian must give the order and tell people how to ask for changes. Within 30 days, the court must send a rights statement, and plans and reports must follow Idaho Supreme Court rules. The court can remove a guardian for good cause, appoint a successor, give notice, and ensure the adult has a lawyer.

Liens on a ward’s home for fees

When a community guardian board is appointed as guardian or conservator, a lien for unpaid board fees attaches to any real property the person owns. The board must record a notice within 30 days in each county where the property is located. The lien is enforced only when the guardianship or conservatorship ends.

Guardian duties and control over care and housing

A guardian is a fiduciary. They must involve you when possible, learn your values, visit you, and use funds wisely while saving for future needs. A guardian can apply for benefits, choose or change your home, and make health decisions, but must prefer your choices and tell the court and listed people within 14 days after a move. Moving to a restrictive or out‑of‑state setting or selling your home must be in the guardian’s plan and approved by the court, or proceed only after 14 days’ notice with no objection.

Short-term emergency guardians and conservatorships

The court may appoint an emergency guardian to prevent likely serious harm when no one else can act. Emergency power lasts up to 90 days and can be extended once for up to 90 more days. If appointed without notice, the court must give notice within 48 hours and hold a hearing within 7 days, and must appoint a lawyer right away. Naming an emergency conservator does not, by itself, prove a need for a full conservatorship.

Conservatorship hearings: rights and support

You generally must attend your conservatorship hearing. If attendance is not practical, the court must try another location or live video. The court can order a professional evaluation, and must appoint a lawyer if you do not have one. While a petition is pending, the court can let your property pay for your support or your dependents. A petition must list key people, property and income, and why less‑restrictive options will not work.

Easier to end conservatorships and settle

If initial evidence supports ending a conservatorship, the court must end it unless someone proves a legal reason to keep it. When a conservatorship ends, the conservator files a final report. If the person is alive, property goes back to them after approval. If the person has died, the conservator files the final report and then turns assets over to the decedent’s estate as ordered.

Small gifts and settlements for minors

You can give up to $15,000 in value in a 12‑month period for a minor without liability if you do not know a conservator is appointed or a case is pending. Money must be used for the minor’s support, education, health, or welfare. If a minor’s claim is $10,000 or more, the court must hold a hearing before approving a settlement. The law sets who may ask the court to settle a minor’s claim, with a conservator first, then a guardian, then parents.

Stronger oversight and rights in conservatorships

Conservators are fiduciaries. They must act loyally, follow the person’s likely wishes, or act in the person’s best interest. Courts consider taxes, benefits, dependents, and other factors when deciding what the person would choose. Anyone concerned can petition for bond changes, accountings, distributions, or removal. You can also file a grievance; the court must review it and may hold a hearing. Courts can delay or spread out community‑guardian fees if paying now would cause hardship.

Bans on conflicted guardians and conservators

Paid caregivers and long‑term‑care facility owners, operators, and staff generally cannot serve as guardian or conservator, unless they are close family or the court makes strict findings. People with felony convictions are also barred unless the court finds by clear and convincing evidence that the appointment is in the person’s best interest.

Conservators can manage money and benefits

A conservator may collect income, invest, run a business, and buy or sell property without a separate court order when acting reasonably and following fiduciary duties. They may spend income or principal for the person’s care and for dependents, considering estate size, needs, and other support. They can structure finances to help the person qualify for public benefits and may access the person’s digital assets as allowed by law. They should coordinate with any agent under a financial power of attorney. Creditors can present claims; a claim is allowed unless the conservator disallows it within 60 days, and likely‑insufficient estates must pay claims in a set priority. If the person dies, the conservator must deliver any will to the court and may ask to act as personal representative after 40 days if none is appointed.

How to end or change conservatorship

A minor’s conservatorship ends at adulthood, emancipation, death, or at age 21 with consent or a court finding. An adult’s conservatorship ends by court order or at death. The person, the conservator, or someone interested may ask the court to end or change the conservatorship if the reason no longer exists, a change is best, or for other good cause. The court must hold a hearing when facts reasonably show an end or change may be right, unless a similar petition was filed within the last six months.

Stronger oversight of conservators and agents

A conservator must file an inventory within 90 days and notify the person and others within 7 days. They must keep records and share them on reasonable request. People who deal in good faith with a conservator are protected, and conservators are only personally liable if they are at fault or fail to disclose their role. Courts can remove a conservator for cause, appoint a temporary substitute for up to six months with notice in 7 days, and require successor notice within 30 days. Guardians and conservators may delegate tasks if they carefully select and monitor the agent; if they do, they are not liable for the agent’s acts. A conservator must tell the court right away if an adult regains capacity, and conservator plans must follow Idaho Supreme Court rules.

Stronger safeguards in minor guardianships

Courts can appoint a guardian for a child when parents’ rights ended or the child is abused, neglected, abandoned, or lacks a stable home. Not caring for a child for six months is evidence of abandonment unless there is good cause. A parent’s active‑duty absence alone is not neglect or abandonment. A guardian may consent to a minor’s marriage only if a court allows it. A parent or spouse can name a guardian by will, which takes effect after 7 days’ written notice and court filing; the child may object. The Department of Health and Welfare gets notice, can appear, and must be told before any consent to adoption. A minor’s guardianship ends at death, adoption, emancipation, or adulthood, and a new guardian must notify key people within 30 days.

You help pick your conservator

If you are 12 or older, you can nominate your conservator. The court follows a priority list: your nominee, your financial power‑of‑attorney agent, spouse, adult child, and others. A priority person can name a substitute. The court can choose the best among equals or pass over a priority person for good cause. Your signed financial power of attorney stays in force unless a court orders otherwise, and a conservator cannot revoke it.

Counties can create public guardian boards

County commissioners may set up and fund a community guardian board when people need a guardian and no qualified, willing person is available. Counties in the same judicial district may also join together to run one board and share costs. This expands access to a public guardian when families and private options are not available.

Tax help for seniors and disabled dependents

The law gives a $1,000 state tax deduction for each household member who is age 65+ or has a developmental disability. You can claim up to three people per return (up to $3,000 in deductions). Instead of the deduction, you may apply for a $100 payment per eligible person, up to three payments ($300) per year. A person with a developmental disability who files their own return may claim a $100 credit or the $1,000 deduction.

Protections in protective arrangement cases

Protective‑arrangement hearings give strong rights to the person involved. The court appoints a lawyer if the person has none and, in set situations, for a parent of a minor. The court uses a developmental‑disability team or a visitor for evaluations and can order a professional exam. Hearings require the person’s attendance unless it would be harmful or not practical, with live video allowed. Records are confidential, and a court‑appointed master can help carry out the order.

Stronger protections in adult guardianship cases

The law makes adult guardianship harder to impose and more tailored. A court can appoint a guardian only with clear and convincing proof and after trying less‑restrictive options. The person must get personal notice, the right to a lawyer (appointed if needed), and a chance to attend with supports or live video. The court orders expert evaluations by a developmental disability team or a trained visitor, and can also order a professional exam. Proposed guardians must attend, and case records stay confidential under court rules.

Emergency conservatorship: short terms, quick notice

A court can appoint an emergency conservator to stop likely, serious harm to a person’s money or property. The appointment lasts up to 90 days and can be extended once for up to 90 more days. The court gives reasonable notice and may appoint a lawyer. The court can act without notice only if sworn evidence shows harm will happen before a noticed hearing can be held.

Required bonds and prudent investing

Conservators usually must post a bond or other protection. The court sets the bond to cover the estate’s capital plus a year of income, minus restricted or non‑sale property, and may take collateral instead of a surety. Conservators must invest like a prudent investor and keep needed insurance unless the court finds it would waste the estate. Paid professional conservators rarely get a bond waiver.

Community guardian boards: roles and fees

Community guardian boards can find guardians or ask the court to appoint the board. They can monitor services, access certain confidential records, and set service fees with county approval. When a board serves as guardian or conservator, it is paid like others, but the court may waive fees if the person has no funds.

Conservators for minors when needed

The court can appoint a conservator for a child’s money or property if it is in the child’s best interest. The court gives weight to a parent’s recommendation and may act when funds need management or money is needed for support, education, or health. This can help manage assets but also shifts control from the child.

Conservatorship filing and notice rules

The respondent, an interested person, or a guardian may file for a conservatorship. The court must set a hearing and personally serve the respondent with notice that explains rights and the right to a lawyer; the court cannot grant the petition without serving the respondent. Notice also goes to listed or interested people, but missing that notice does not block appointment. After appointment, future notices go to the person (age 12+ and not missing or detained) and the conservator. If the person is missing, detained, or unable to return to the U.S., the usual notice‑of‑rights to that person is not required. Orders must state key findings, list who gets future notices and records, and explain why limited conservatorship is not enough if full powers are granted.

Naming and delegating caregivers for minors

A parent may delegate care and custody for a minor by power of attorney for up to six months. Military parents serving outside the U.S. may delegate for up to 12 months. A parent may name a guardian in a will; it takes effect when the guardian accepts if no parent with the right to appoint is alive. A minor 12 or older can object before acceptance or within 30 days after notice. Consent to a minor’s marriage or adoption cannot be delegated.

Address confidentiality for victims and guardians

An adult, a parent or guardian for a minor, or a guardian for an incapacitated person can use the state’s address confidentiality program. The Secretary of State serves as agent for service and mail. Certification lasts four years and can be renewed. Claims of certain crimes must include police, court, or professional records.

Clear rights and privacy in conservatorships

Conservatorship records stay confidential under Idaho Supreme Court rules. Within 14 days of appointment, the conservator must give you the order and a notice of your right to ask to end or change the case. Within 30 days in guardian cases, the court must give a plain‑language statement of rights. Courts must give primary weight to the decision you would make, based on your known wishes.

Easier to end or change guardianship

An adult, their guardian, or any interested person can ask the court to end or change a guardianship. The court holds a hearing unless a similar request was filed within the past six months. If basic evidence shows the guardianship should end, the court ends it unless a valid reason to keep it is proven. You can choose your lawyer. If you do not have one, the court appoints counsel and may order reasonable fees.

Faster review for emergency conservatorships

If the court appoints an emergency conservator, it must give notice within 48 hours. The court must hold a hearing on whether the appointment was proper within 7 days. The court can remove the emergency conservator at any time. The emergency conservator must file any reports the court requires.

No court fee to settle a minor’s claim

You do not pay a filing fee for a petition to compromise and settle a minor’s claim under the law. This removes that court cost.

Stronger money safeguards under conservatorships

If a conservator has a bond, both the conservator and the surety are responsible, and the surety must notify the court and the person if the bond is not renewed. Property in the estate cannot be assigned or taken by levy unless the law allows it. Deals with a big conflict of interest are voidable unless a court approves them after notice.

Stronger rules for community guardian boards

Boards must have 7 to 11 members appointed by county commissioners. Members serve four-year staggered terms, and the board meets at least quarterly. Members serve without pay. Court employees in the same district may not serve. A member who provides or provided services to a person under guardianship must disclose that and not vote on that person’s case.

Easier VA benefits steps and free records

In cases involving VA benefits, a VA certificate can serve as evidence that a guardian or conservator is needed. Public record custodians must give certified copies free of charge when the VA needs them to decide benefits. This can speed decisions and cut small out‑of‑pocket costs.

Clearer court control and interstate orders

The appointing court keeps exclusive, ongoing control of a guardianship, conservatorship, or protective‑order case until it ends. The law sets where to file these cases. Out‑of‑state guardians and conservators can register their orders to act in Idaho if no Idaho case is pending. Courts may use general law and fairness unless the chapter says otherwise, and key terms are defined for clarity. Most rules apply to cases that start on or after January 1, 2027. For existing cases, a court may keep old rules for a part of a case if applying new rules would seriously interfere or harm a party.

Competency exams must assess treatment choice

In criminal cases, examiners must state whether a defendant can make informed treatment decisions. Lack of capacity means the person cannot understand the purpose, risks, or benefits of treatment after careful explanation.

Court consent for treatment when needed

When a defendant cannot make informed treatment decisions under state standards, the court can authorize someone to consent to needed care. This lets medical or mental‑health treatment proceed under a legal process.

Faster evaluations for developmental disabilities

If a conservatorship is sought for an adult with a developmental disability, the court must appoint a developmental‑disability evaluation committee. If an examiner in a competency case suspects a developmental disability, the court must appoint an evaluation committee or have Health and Welfare designate one within two business days.

Immunity for concealed carry licensing officials

A county sheriff, deputy, or county employee who issues a concealed‑carry license while following the law is not civilly or criminally liable for those licensing actions.

New rules for bail enforcement agents

Agents must be at least 18, be citizens or legal residents, and meet mental‑fitness rules. They must carry ID and an arrest affidavit, wear a badge marked “bail enforcement agent,” and notify the sheriff before planned arrests. They may not impersonate police. Violations can be misdemeanors; weapon carrying must follow state and federal law.

Updated capacity and facility definitions

“Incapacitated person” is a legal finding based on functional limits, not a medical label, and excludes people with a developmental disability. Proof must be from the last 12 months, and one‑time mistakes or lack of money are not enough. The law also clarifies what facilities can evaluate or treat unfit defendants and updates a cross‑reference to match the new conservatorship statute.

Wider reciprocity and fewer local carry limits

The Attorney General must seek other states’ recognition of Idaho licenses, and state police must publish reciprocity agreements. Cities and counties cannot add extra license requirements or ask for non‑required information. You may sue to stop unlawful local rules and, if you win against a public agency, recover costs and reasonable attorney’s fees. Limits on restricting carry at public places are narrowed to invitation‑only, paid, or otherwise restricted‑access events.

Guardians can file habeas for dependents

A guardian may file a verified habeas petition in the district court for a minor or an incapacitated person. The petition must be sworn and list required facts. This gives guardians a direct way to seek release or review of restraint.

Right to annual review of commitments

Beginning January 1, 2027, a respondent placed in a residential facility by a parent or guardian, or committed to the director, can ask for an annual review. The respondent or a guardian, parent, attorney, or friend can ask the district court to reexamine the order or its conditions. The court must decide if the reasons still exist.

Trust institutions exempt from conservator bonds

Regulated financial institutions qualified to do trust business in Idaho do not have to post a conservator’s bond. This lowers bonding costs for those institutions.

Limits on e-signatures and e-delivery

Beginning January 1, 2027, this chapter narrows how federal e‑signature law applies here. It preserves section 101(c) but does not allow electronic delivery of the notices listed in section 103(b).

Stricter checks and penalties for concealed carry

Officials now use the updated definition of “incapacitated person” when checking eligibility. The sheriff can revoke a license after a hearing for fraud, misuse, disqualifying conditions, violations, or disqualifying crimes. Carrying a concealed weapon in violation of the rules is a misdemeanor.

Concealed carry fees, renewals, and privacy

You pay $20 for a new license and $15 to renew, plus actual fingerprint and material costs. You can renew from 90 days before through 90 days after expiration; renewals last five years. Renewing 91–180 days late adds a $10 late fee unless waived; active‑duty military do not pay it. After 181 days late, you must reapply as new. Sheriff and state police keep license records confidential.

Gun rights, licensing, and background checks

Courts must review certain orders for federal gun‑disability rules and send them to state police and the FBI. You may petition for relief no more than once every two years; the court grants it if you are unlikely to be dangerous, and sends relief to the national system. Sheriffs must issue concealed‑carry licenses to 18–20 year‑olds who otherwise qualify; these expire at 21 and may be renewed as enhanced at 21. If you are 21+ and show a valid license, you skip the dealer records check at purchase; a temporary emergency license does not qualify.

Court-ordered trusts receive retirement checks

If a court sets up a trust under chapter 5, the state sends the full retirement benefit to the trustee. The trustee is named as the payee instead of the individual.

Adult guardianship: filing and priority

You or another interested person can file for an adult guardianship. The petition must list family and contact details, why help is needed, less‑restrictive options tried, proposed powers, and property and income. Judges follow a set order when choosing a guardian: a current non‑temporary out‑of‑state guardian, the person’s own nominee or agent, a spouse, then a close family member or caregiver. The court may choose a lower‑priority person if that is best for the person.

Old guardianship law repealed; new act governs

The state repeals the old guardianship chapter. Courts, guardians, and families now follow the new uniform act for protective arrangements. This is a structural change to which rules apply.

Rules and protections for community guardian boards

Board members and staff are not liable for civil damages when they act in good faith, are not negligent, and stay within their authority. Each board must file an annual report by April 1 on finances, people served, and results. County commissioners review the report and decide whether to keep or dissolve the board.

Updated disability definition in sex crime cases

Courts must use the definition of “developmental disability” in section 66‑402(4) when deciding if a victim’s disability is an aggravating factor in certain lewd‑conduct cases. This clarifies which legal definition applies.

Power of attorney limits under conservatorship

You may name a preferred conservator in your power of attorney for a court to consider later. If a court appoints a conservator or other fiduciary, your agent must answer to that fiduciary, and the power of attorney ends unless the court says otherwise.

Updated disability definitions and repeals

The law clarifies who has a developmental disability: the condition starts before age 22, causes major limits in three or more life areas, and needs long-term services. It also updates related terms used in the chapter. The law repeals sections 66-404, 66-404A, and 66-405 on January 1, 2027.

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

House vote • 3/12/2026

House Floor Vote

Yes: 68 • No: 0

Senate vote • 2/13/2026

Senate Floor Vote

Yes: 32 • No: 0

Actions Timeline

Signed by Governor on 03/20/26 Session Law Chapter 79 Effective: 01/01/2027
3/23/2026
Reported delivered to Governor at 4:10 p.m. on 03/16/26
3/17/2026
Reported signed by the Speaker & ordered delivered to Governor
3/16/2026
Received from Senate; Signed by Speaker; Returned to Senate
3/16/2026House
Reported enrolled; signed by President; to House for signature of Speaker
3/13/2026Senate
Returned From House Passed; referred to enrolling
3/12/2026Senate
Read Third Time in Full – PASSED - 68-0-2
3/12/2026House
U.C. to hold place on third reading calendar one legislative day
3/10/2026House
U.C. to hold place on third reading calendar one legislative day
3/9/2026House
Read second time; Filed for Third Reading
3/6/2026House
Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/5/2026House
Read First Time, Referred to Judiciary, Rules & Administration
2/16/2026House
Received from the Senate, Filed for First Reading
2/16/2026House
Read third time in full – PASSED - 32-0-3
2/13/2026Senate
Read second time; filed for Third Reading
2/11/2026Senate
Reported out of Committee with Do Pass Recommendation; Filed for second reading
2/10/2026Senate
Reported Printed; referred to Judiciary & Rules
1/30/2026Senate
Introduced; read first time; referred to JR for Printing
1/29/2026Senate

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