Title 15, UNIFORM PROBATE CODE

15-5-101. Definitions and use of terms. [EFFECTIVE UNTIL JANUARY 1, 2027] Unless otherwise apparent from the context, in this code: (a) "Incapacitated person" means any person who is impaired, except by minority, to the extent that he lacks sufficient understanding or capacity to…

15-5-102. Jurisdiction of subject matter — Consolidation of proceedings. [effective until january 1, 2027] When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

15-5-103. Facility of payment or delivery. [effective until january 1, 2027] Any person under a duty to pay or deliver money or personal property to a minor may perform this duty, in amounts not exceeding ten thousand dollars ($10,000) per annum, by paying or delivering the money…

15-5-104. Delegation of powers by parent or guardian. [effective until january 1, 2027] A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, or in the case o…

15-5-105. Evidence in proceedings involving veteran’s benefits. [effective until january 1, 2027] If benefits derived from the United States through the veteran’s administration are involved in any proceeding under this chapter, a certificate of the administrator or his authorize…

15-5-106. Copies of public records to be furnished. [effective until january 1, 2027] When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any persons to participate in benefits made available by the veterans adm…

15-5-107. Wrongful appropriation. [effective until january 1, 2027] Upon the petition of anyone interested in the welfare of the ward, anyone suspected of having concealed, embezzled or conveyed away any of the moneys, goods or effects belonging to the ward or his estate may be o…

15-5-108. LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP. [effective january 1, 2027] (1) The court shall issue letters of guardianship to a guardian upon filing by the guardian of an acceptance of appointment. (2) The court shall issue letters of conservatorship to a conservator up…

15-5-109. EFFECT OF ACCEPTANCE OF APPOINTMENT. [effective january 1, 2027] Upon acceptance of appointment, a guardian or conservator submits to personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.

15-5-110. CO-GUARDIAN — CO-CONSERVATOR. [effective january 1, 2027] (1) The court at any time may appoint a co-guardian or co-conservator. (2) A co-guardian or co-conservator appointed to serve may act when that co-guardian or co-conservator complies with the provisions of sectio…

15-5-111. JUDICIAL APPOINTMENT OF SUCCESSOR GUARDIAN OR SUCCESSOR CONSERVATOR. [effective january 1, 2027] (1) The court at any time may appoint a successor guardian or successor conservator. (2) A person entitled under section 15-5-202 or 15-5-302, Idaho Code, to petition the co…

15-5-112. EFFECT OF DEATH, REMOVAL, OR RESIGNATION OF GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) Appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator or when the court under subsection (2) of this section approve…

15-5-113. notice of hearing generally. [effective january 1, 2027] (1) Except as otherwise provided in sections 15-5-203, 15-5-208, 15-5-303, 15-5-403, and 15-5-505, Idaho Code, if notice of a hearing under this chapter is required, the movant shall give notice of the date, time,…

15-5-114. waiver of notice. [effective january 1, 2027] (1) Except as otherwise provided in subsection (2) of this section, a person may waive notice under this chapter in a record signed by the person or the person’s attorney and filed in the proceeding. (2) A respondent, indivi…

15-5-115. guardian ad litem. [effective january 1, 2027] The court at any time may appoint a guardian ad litem for a respondent or individual subject to guardianship or conservatorship if the court determines the respondent’s or individual subject to guardianship or conservatorsh…

15-5-116. request for notice. [effective january 1, 2027] (1) A person may file with the court a request for notice under this chapter if the person is: (a) Not otherwise entitled to notice; and (b) Interested in the welfare of a respondent, individual subject to guardianship or …

15-5-117. DISCLOSURE OF BANKRUPTCY OR CRIMINAL HISTORY. [effective january 1, 2027] (1) Subject to the provisions of section 56-1004A, Idaho Code [chapter 27, title 56, Idaho Code], none of the following persons shall be appointed as a guardian of a respondent unless the court fi…

15-5-118. multiple nominations. [effective january 1, 2027] If a respondent or other person makes more than one (1) nomination of a guardian or conservator, the latest in time governs.

15-5-119. COMPENSATION AND EXPENSES — IN GENERAL. [effective january 1, 2027] (1) Unless otherwise compensated or reimbursed, an attorney for a respondent in a proceeding under this chapter is entitled to reasonable compensation for services and reimbursement of reasonable expens…

15-5-120. COMPENSATION OF GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) Subject to court approval, a guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the…

15-5-121. LIABILITY OF GUARDIAN OR CONSERVATOR FOR ACT OF INDIVIDUAL SUBJECT TO GUARDIANSHIP OR CONSERVATORSHIP. [effective january 1, 2027] A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or om…

15-5-122. PETITION AFTER APPOINTMENT FOR INSTRUCTION OR RATIFICATION. [effective january 1, 2027] (1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservato…

15-5-123. THIRD-PARTY ACCEPTANCE OF AUTHORITY OF GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) A person shall not recognize the authority of a guardian or conservator to act on behalf of an individual subject to guardianship or conservatorship if: (a) The person has ac…

15-5-124. USE OF AGENT BY GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) Except as otherwise provided in subsection (3) of this section, a guardian or conservator may delegate a power to an agent that a prudent guardian or conservator of comparable skills could delegate…

15-5-125. TEMPORARY SUBSTITUTE GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) The court may appoint a temporary substitute guardian for an individual subject to guardianship for a period not exceeding six (6) months if: (a) A proceeding to remove a guardian for the indi…

15-5-126. registration of order — effect. [effective january 1, 2027] (1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving …

15-5-127. GRIEVANCE AGAINST GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the gu…

15-5-128. DELEGATION OF POWERS BY PARENT. [effective january 1, 2027] A parent of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, or in the case of military personnel serving bey…

15-5-129. EVIDENCE IN PROCEEDINGS INVOLVING VETERANS BENEFITS. [effective january 1, 2027] If benefits derived from the United States through the veterans administration are involved in any proceeding under this chapter, a certificate of the administrator or his authorized repres…

15-5-130. COPIES OF PUBLIC RECORDS TO BE FURNISHED. [effective january 1, 2027] When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any persons to participate in benefits made available by the veterans administr…

15-5-201. Status of guardian of minor — General. [EFFECTIVE UNTIL JANUARY 1, 2027] A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the locati…

15-5-202. Testamentary appointment of guardian of minor. [effective until January 1, 2027] A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a paren…

15-5-203. Objection by minor of fourteen years or older to testamentary appointment. [effective until January 1, 2027] A minor of fourteen (14) or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appoin…

15-5-204. Court appointment of guardian of minor — Conditions for appointment. [effective until January 1, 2027] (1) The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the chil…

15-5-205. Court appointment of guardian of minor — Venue. [effective until January 1, 2027] The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.

15-5-206. Court appointment of guardian of minor — Qualifications — Priority of minor’s nominee. [effective until January 1, 2027] The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominate…

15-5-207. Court appointment of guardian of minor — Procedure. [effective until January 1, 2027] (1) Proceedings for the appointment of a guardian or co-guardians may be initiated by the following persons: (a) Any relative of the minor; (b) The minor if he is fourteen (14) or more…

15-5-208. Consent to service by acceptance of appointment — Notice. [effective until January 1, 2027] By accepting a testamentary or court appointment as guardian, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that m…

15-5-209. Powers and duties of guardian of minor. [effective until January 1, 2027] 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 …

15-5-210. Termination of appointment of guardian — General. [effective until January 1, 2027] 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…

15-5-211. Proceedings subsequent to appointment — Venue. [effective until January 1, 2027] (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 resignatio…

15-5-212. Resignation, removal, modification or termination proceedings. [effective until January 1, 2027] (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 termina…

15-5-212A. Guardianships arising in connection with a proceeding under the child protective act. [effective until January 1, 2027] 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 per…

15-5-213. De facto custodian. [effective until January 1, 2027] (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 …

15-5-301. Testamentary appointment of guardian for incapacitated person or developmentally disabled person. [Effective Until January 1, 2027] (a) The parent of an incapacitated person or developmentally disabled person may by will appoint a guardian of the incapacitated person or…

15-5-302. Venue. [effective Until January 1, 2027] 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 co…

15-5-303. Procedure for court appointment of a guardian of an incapacitated person. [effective until January 1, 2027] (a) The incapacitated person or any person interested in his welfare may petition for a finding of incapacity and appointment of a guardian or co-guardians, limit…

15-5-304. Findings — Order of appointment. [effective until January 1, 2027] (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 or…

15-5-305. Acceptance of appointment — Consent to jurisdiction. [effective until January 1, 2027] 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…

15-5-306. Termination of guardianship for incapacitated person. [effective until January 1, 2027] (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 deter…