Title 15, UNIFORM PROBATE CODE

15-5-429. Individual liability of conservator. [effective until January 1, 2027] (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 unl…

15-5-430. Termination of proceeding. [effective until January 1, 2027] 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…

15-5-431. Payment of debt and delivery of property to foreign conservator without local proceedings. [effective until January 1, 2027] Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belo…

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…

15-5-433. Provisions for conservator of minor from age eighteen to age twenty-one. [effective until January 1, 2027] If so stated in the order appointing such conservator, or in any supplemental order entered prior to the time the minor reaches the age of eighteen (18) years, the…

15-5-434. 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…

15-5-435. 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 15-5-434, Idaho Code, which shall continue until the resignation of the guardian ad litem or unt…

15-5-501. authority for protective arrangement. [EFFECTIVE January 1, 2027] (1) Under this part, a court: (a) Upon receiving a petition for a guardianship for an adult may order a protective arrangement instead of guardianship as a less restrictive alternative to guardianship; an…

15-5-502. BASIS FOR PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP FOR ADULT. [EFFECTIVE January 1, 2027] (1) After the hearing on a petition under section 15-5-302, Idaho Code, for a guardianship or under section 15-5-501(2), Idaho Code, for a protective arrangement instead of g…

15-5-503. BASIS FOR PROTECTIVE ARRANGEMENT INSTEAD OF CONSERVATORSHIP FOR ADULT OR MINOR. [EFFECTIVE January 1, 2027] (1) After the hearing on a petition under section 15-5-402, Idaho Code, for conservatorship for an adult or under section 15-5-501(3), Idaho Code, for a protectiv…

15-5-504. PETITION FOR PROTECTIVE ARRANGEMENT. [EFFECTIVE January 1, 2027] A petition for a protective arrangement instead of guardianship or conservatorship shall state the petitioner’s name, principal residence, current street address, if different, relationship to the responde…

15-5-505. notice and hearing. [EFFECTIVE January 1, 2027] (1) Upon filing of a petition under section 15-5-501, Idaho Code, the court shall set a date, time, and place for a hearing on the petition. (2) A copy of a petition under section 15-5-501, Idaho Code, and notice of a hear…

15-5-506. APPOINTMENT AND ROLE OF DD evaluation committee OR VISITOR. [EFFECTIVE January 1, 2027] (1) Upon filing of a petition under section 15-5-501, Idaho Code, for an adult with a developmental disability, the court may appoint a DD evaluation committee to conduct an evaluati…

15-5-507. APPOINTMENT AND ROLE OF ATTORNEY. [EFFECTIVE January 1, 2027] (1) Unless the respondent in a proceeding under this part is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent’s ability to pay. (2) An …

15-5-508. professional evaluation. [EFFECTIVE January 1, 2027] (1) At or before a hearing on a petition under this part for a protective arrangement, the court may order a professional evaluation of the respondent: (a) If the respondent requests the evaluation; or (b) In other ca…

15-5-509. ATTENDANCE AND RIGHTS AT HEARING. [EFFECTIVE January 1, 2027] (1) Except as otherwise provided in subsection (2) of this section, a hearing under this part may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to …

15-5-510. NOTICE OF ORDER. [EFFECTIVE January 1, 2027] The petitioner shall give notice of an order under this part to the individual who is subject to the protective arrangement instead of guardianship or conservatorship, a person whose access to the individual is restricted by …

15-5-511. CONFIDENTIALITY OF RECORDS. [EFFECTIVE January 1, 2027] The confidentiality of records in a proceeding for a protective arrangement shall be maintained in accordance with Idaho supreme court rules.

15-5-512. APPOINTMENT OF MASTER. [EFFECTIVE January 1, 2027] The court may appoint a master to assist in implementing a protective arrangement under this part. The master has the authority conferred by the order of appointment and serves until discharged by court order.

15-5-701. UNIFORMITY OF APPLICATION AND CONSTRUCTION. [effective January 1, 2027] In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

15-5-702. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. [effective January 1, 2027] This chapter modifies, limits, or supersedes the electronic signatures in global and national commerce act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersed…

15-5-703. APPLICABILITY. [effective January 1, 2027] This act applies to: (1) A proceeding for appointment of a guardian or conservator or for a protective arrangement instead of guardianship or conservatorship commenced after January 1, 2027; and (2) A guardianship, conservators…

15-5-704. severability. [effective January 1, 2027] If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or…

15-7-101. Duty to register trusts. The trustee of a trust having its principal place of administration in this state shall register the trust in the court of this state at the principal place of administration. Unless otherwise designated in the trust instrument, the principal pl…

15-7-102. Registration procedures. Registration shall be accomplished by filing a statement indicating the name and address of the trustee in which it acknowledges the trusteeship. The statement shall indicate whether the trust has been registered elsewhere. The statement shall i…

15-7-103. Effect of registration. (a) By registering a trust, or accepting the trusteeship of a registered trust, the trustee submits personally to the jurisdiction of the court in any proceeding under 15-7-201 of this code relating to the trust that may be initiated by any inter…

15-7-104. Effect of failure to register. A trustee who fails to register a trust in a proper place as required by this Part, for purposes of any proceedings initiated by a beneficiary of the trust prior to registration, is subject to the personal jurisdiction of any court in whic…

15-7-105. Registration — Qualification of foreign trustee. A foreign corporate trustee is required to qualify as a foreign corporation doing business in this state if it maintains the principal place of administration of any trust within the state. A foreign cotrustee is not requ…

15-7-201. Court — Exclusive jurisdiction of trusts. (a) The court of registration has exclusive jurisdiction of proceedings initiated by interested parties concerning the internal affairs of trusts. Proceedings which may be maintained under this section are those concerning the a…

15-7-202. Trust proceedings — Venue. Venue for proceedings under section 15-7-201 of this Part involving registered trusts is in the place of registration. Venue for proceedings under section 15-7-201 of this Part involving trusts not registered in this state is in any place wher…

15-7-203. Trust proceedings — Dismissal of matters relating to foreign trusts. The court will not, over the objection of a party, entertain proceedings under section 15-7-201 of this Part involving a trust registered or having its principal place of administration in another stat…

15-7-204. Court — Concurrent jurisdiction of litigation involving trusts and third parties. The court of the place in which the trust is registered has concurrent jurisdiction with other courts of this state of actions and proceedings to determine the existence or nonexistence of…

15-7-205. Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. On petition of an interested person, after notice to all interested persons, the court may review the propriety of employment of any person by a trustee includin…

15-7-206. Trust proceedings — Initiation by notice — Necessary parties. Proceedings under section 15-7-201 of this Part are initiated by filing a petition in the court and giving notice pursuant to section 15-1-401 of this code to interested parties. The court may order notificat…

15-7-301. General duties not limited. Except as specifically provided, the general duty of the trustee to administer a trust expeditiously for the benefit of the beneficiaries is not altered by this code.

15-7-302. Trustee’s standard of care and performance. Except as otherwise provided by the terms of the trust, the trustee shall observe the standards in dealing with the trust assets that would be observed by a prudent man dealing with the property of another, and if the trustee …

15-7-303. Duty to inform and account to beneficiaries. The trustee shall keep the beneficiaries of the trust reasonably informed of the trust and its administration. In addition: (a) Within thirty (30) days after his acceptance of the trust, the trustee shall inform in writing th…

15-7-304. Duty to provide bond. A trustee need not provide bond to secure performance of his duties unless required by the terms of the trust, reasonably requested by a beneficiary or found by the court to be necessary to protect the interests of the beneficiaries who are not abl…

15-7-305. Trustee’s duties — Appropriate place of administration — Deviation. A trustee is under a continuing duty to administer the trust at a place appropriate to the purposes of the trust and to its sound, efficient management. If the principal place of administration becomes …

15-7-306. Personal liability of trustee to third parties. (a) Unless otherwise provided in the contract, a trustee is not personally liable on contracts properly entered into in his fiduciary capacity in the course of administration of the trust estate unless he fails to reveal h…

15-7-307. Limitations on proceedings against trustees after final account. Unless previously barred by adjudication, consent or limitation, any claim against a trustee for breach of trust is barred as to any beneficiary who has received a final account or other statement fully di…

15-7-308. Removal of trustee. (1) A trustee may be removed in accordance with the terms of the trust or by the court on its own initiative or on petition of a trustor, cotrustee or beneficiary. (2) The court may remove a trustee or order other appropriate relief: (a) If the trust…

15-7-401. Powers of trustees. The powers of trustees are set forth in the uniform powers of trustees act, sections 68-104 through 68-113, Idaho Code.

15-7-402. Additional powers. In addition to the powers provided for in section 15-7-401, Idaho Code, a trustee shall have the following powers: (1) To sever any trust estate on a fractional share basis into two (2) or more separate trusts for any reason. (2) To divide a trust int…

15-7-403. Appointment of trustee and letters of trusteeship. Upon application to the court in which the trust is registered in the state of Idaho, and notice to all interested parties, the court may appoint the trustee as such (or as successor trustee, if applicable). Upon filing…

15-7-501. Trust protector. (1) Definition of terms: (a) "Distribution trust advisor" means a person given authority by the trust instrument to exercise all or any portions of the powers and discretions set forth in subsection (11) of this section. (b) "Excluded fiduciary" means a…