Title 15, UNIFORM PROBATE CODE

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…

15-5-307. Removal or resignation of guardian — Termination of incapacity. [effective until January 1, 2027] (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 petiti…

15-5-308. Visitor in guardianship proceeding. [effective until January 1, 2027] (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 visito…

15-5-309. Notices in guardianship proceedings. [effective until January 1, 2027] (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…

15-5-310. Temporary guardians of incapacitated persons. [effective until January 1, 2027] (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)…

15-5-311. Who may be guardian — Priorities. [effective until January 1, 2027] (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 app…

15-5-312. General powers and duties of guardian. [effective until January 1, 2027] (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…

15-5-313. 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…

15-5-314. Compensation and expenses. [effective until January 1, 2027] (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 reaso…

15-5-315. Guardian ad litem — Duties. [effective until January 1, 2027] 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 lit…

15-5-316. Guardian ad litem — Rights and powers. [effective until January 1, 2027] 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 unt…

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. [effective until January 1, 2027] (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 t…

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. [effective until January 1, 2027] 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…

15-5-402. Protective proceedings — Jurisdiction of affairs of protected persons. [effective until January 1, 2027] 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 …

15-5-403. Venue. [effective until January 1, 2027] 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 res…

15-5-404. Original petition for appointment or protective order. [effective until January 1, 2027] (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 aff…

15-5-405. Notice. [effective until January 1, 2027] 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. [effective until January 1, 2027] 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 noti…

15-5-407. Procedure concerning hearing and order on original petition. [effective until January 1, 2027] (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…

15-5-407A. Temporary and emergency appointments. [effective until January 1, 2027] (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…

15-5-408. Permissible court orders. [effective until January 1, 2027] (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 exten…

15-5-409. Protective arrangements and single transactions authorized. [effective until January 1, 2027] (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, …

15-5-409a. Compromise of claim of minor — Procedure. [effective until January 1, 2027] (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: …

15-5-410. Who may be appointed conservator — Priorities. [effective until January 1, 2027] (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 foll…

15-5-411. Bond. [effective until January 1, 2027] 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 o…

15-5-412. Terms and requirements of bonds. [effective until January 1, 2027] (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 sev…

15-5-413. Acceptance of appointment — Consent to jurisdiction. [effective until January 1, 2027] 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. N…

15-5-414. Compensation and expenses. [effective until January 1, 2027] 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 reason…

15-5-415. Death, resignation or removal of conservator. [effective until January 1, 2027] 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…

15-5-416. Petitions for orders subsequent to appointment. [effective until January 1, 2027] (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 ad…

15-5-417. General duty of conservator. [effective until January 1, 2027] 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. [effective until January 1, 2027] (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 …

15-5-420. Conservators — Title by appointment. [effective until January 1, 2027] (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…

15-5-421. Recording of conservator’s letters. [effective until January 1, 2027] 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 evi…

15-5-422. Sale, encumbrance or transaction involving conflict of interest — Voidable — Exceptions. [effective until January 1, 2027] Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial inter…

15-5-423. Persons dealing with conservators — Protection. [effective until January 1, 2027] 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…

15-5-424. Powers of conservator in administration. [effective until January 1, 2027] (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…