Title 15, UNIFORM PROBATE CODE

15-5-311. WHO MAY BE GUARDIAN -- PRIORITIES. (1) Any competent person, except as set forth hereafter, or a suitable institution may be appointed guardian of an incapacitated person. (2) The person preferred by the incapacitated person shall be appointed guardian unless good cause…

15-5-312. GENERAL POWERS AND DUTIES OF GUARDIAN. (1) A guardian of an incapacitated person has the powers and responsibilities of a parent who has not been deprived of custody of his unemancipated minor child except that a guardian is not legally obligated to provide from his own…

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 …

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…

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,…

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…

15-5-317. GUARDIAN’S REPORT — MONITORING OF GUARDIANSHIP. [effective January 1, 2027] A guardian’s report on care of the adult and monitoring of a guardianship shall be done in accordance with Idaho supreme court rules.

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 war…

15-5-319. TERMINATION OR MODIFICATION OF GUARDIANSHIP FOR ADULT. [effective January 1, 2027] (1) An adult subject to guardianship, the guardian for the adult subject to guardianship, or a person interested in the welfare of the adult subject to guardianship may petition for: (a) …

15-5-320. DESIGNATION OF BOARDS OF COMMUNITY GUARDIAN. [effective January 1, 2027] After making a determination that there exists a need within a county for a guardian for those persons in need of guardianship and for whom there is no person or corporation qualified and willing t…

15-5-321. BOARD of community guardian STRUCTURE — POWERS AND DUTIES. [effective January 1, 2027] (1) Any board of community guardian that is created within a county or counties in a judicial district shall operate under the laws of the state of Idaho, including the Idaho guardian…

15-5-322. BOARD OF COMMUNITY GUARDIAN ANNUAL REPORT. [effective January 1, 2027] (1) Each board of community guardian shall report annually in writing to the board of county commissioners, and in the case of a multicounty board, to each participating county, its activities for th…

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 …

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: …

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 wh…

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 managem…

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.

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 na…

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 …

15-5-407A. TEMPORARY AND EMERGENCY APPOINTMENTS. (a) The court may appoint upon an ex parte petition, without hearing, a person to act as temporary conservator, pending the final hearing, upon a finding supported by statement made under oath that an emergency situation exists. Th…

15-5-408. PERMISSIBLE COURT ORDERS. (a) The court shall exercise the authority conferred in the part so as to encourage the development of maximum self-reliance and independence of the protected person and make protective orders only to the extent necessitated by the protected pe…

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, …

15-5-409a. COMPROMISE OF CLAIM OF MINOR -- PROCEDURE. (1) When a minor has a claim for money against a third person, the persons or entities listed below have the right to petition for a compromise of the claim in the following order of priority: (a) An appointed conservator of t…

15-5-410. WHO MAY BE APPOINTED CONSERVATOR -- PRIORITIES. (1) The court may appoint an individual, except as set forth hereafter, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to considerati…

15-5-411. BOND. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of t…

15-5-412. TERMS AND REQUIREMENTS OF BONDS. (a) The following requirements and provisions apply to any bond required under section 15-5-411 of this Part: (1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator…

15-5-413. ACCEPTANCE OF APPOINTMENT -- CONSENT TO JURISDICTION. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be …

15-5-414. COMPENSATION AND EXPENSES. If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate …

15-5-415. DEATH, RESIGNATION OR REMOVAL OF CONSERVATOR. The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After his death, resignation or removal, the court may appoint another conservator. A conservator so app…

15-5-416. PETITIONS FOR ORDERS SUBSEQUENT TO APPOINTMENT. (a) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order (1) requiring bond or security or additional bond or security, or redu…

15-5-417. GENERAL DUTY OF CONSERVATOR. In the exercise of his powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees as described by section 15-7-302 of this code.

15-5-418. DUTIES OF CONSERVATOR. [effective January 1, 2027] (1) A conservator is a fiduciary and has duties of prudence and loyalty to the individual subject to conservatorship. (2) A conservator shall promote the self-determination of the individual subject to conservatorship a…

15-5-419. REPORTING REQUIREMENTS FOR CONSERVATORS. (1) Every conservator shall file with the court an inventory within ninety (90) days of appointment, an accounting at least annually, and a final accounting at the termination of the appointment of the conservator. All inventorie…

15-5-420. CONSERVATORS -- TITLE BY APPOINTMENT. (a) The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodia…

15-5-421. RECORDING OF CONSERVATOR'S LETTERS. Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of…

15-5-422. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST -- VOIDABLE -- EXCEPTIONS. Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is…

15-5-423. PERSONS DEALING WITH CONSERVATORS -- PROTECTION. A person who in good faith either assists a conservator or deals with him for value in any transaction other than those requiring a court order as provided in section 15-5-408 of this Part, is protected as if the conserva…

15-5-424. POWERS OF CONSERVATOR IN ADMINISTRATION. (1) A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor under the age of eighteen (18) years, a…

15-5-425. DISTRIBUTIVE DUTIES AND POWERS OF CONSERVATOR. (a) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care or benefit of the protected person and his dependents in accordance w…

15-5-426. ENLARGEMENT OR LIMITATION OF POWERS OF CONSERVATOR. Subject to the restrictions in subsection (d) of section 15-5-408 of this Part, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by sections 15-5-424…

15-5-427. PRESERVATION OF ESTATE PLAN. In investing the estate, and in selecting assets of the estate for distribution under subsections (a) and (b) of section 15-5-425 of this Part, in utilizing powers of revocation or withdrawal available for the support of the protected person…

15-5-428. CLAIMS AGAINST PROTECTED PERSON -- ENFORCEMENT. (a) A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by …

15-5-429. INDIVIDUAL LIABILITY OF CONSERVATOR. (a) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his represe…

15-5-430. TERMINATION OF PROCEEDING. The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedure as …

15-5-431. PAYMENT OF DEBT AND DELIVERY OF PROPERTY TO FOREIGN CONSERVATOR WITHOUT LOCAL PROCEEDINGS. Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pa…

15-5-432. TRANSFER FOR BENEFIT OF MINOR WITHOUT APPOINTMENT OF CONSERVATOR. [effective January 1, 2027] (1) Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservator…