Title 15, UNIFORM PROBATE CODE

15-12-209. Operation of an entity or business. Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to ope…

15-12-210. Insurance and annuities. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to: (1) Continue, pay the premium or make a contribution on, modify, exchange…

15-12-211. Estates, trusts and other beneficial interests. (1) In this section, "estates, trusts, and other beneficial interests" means a trust, probate estate, guardianship, conservatorship, escrow or custodianship, or any other fund from which the principal is, may become, or c…

15-12-212. Claims and litigation. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to perform any lawful act on behalf of the principal in connection with claims an…

15-12-213. Personal and family maintenance. (1) Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to: (a) Perform the acts necessary to maintain the custom…

15-12-214. Benefits from governmental programs or civil or military service. (1) In this section, "benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or governmental regulation including social secur…

15-12-215. Retirement plans. (1) In this section, "retirement plan" means any plan or account created by an employer, the principal or another individual for the purpose of providing retirement benefits or deferred compensation of which the principal is a participant, beneficiary…

15-12-216. Taxes. Unless a power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to: (1) Prepare, sign and file federal, state, local and foreign income, gift, payroll, property, federal insuran…

15-12-217. Gifts. (1) In this section, a gift "for the benefit of" a person includes, but is not limited to, a gift to a trust, an account under the uniform transfers to minors act and a tuition savings account or prepaid tuition plan as defined under Internal Revenue Code sectio…

15-12-301. Statutory form power of attorney. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed in this chapter. IDAHO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power…

15-12-302. Agent’s certification. The following optional form may be used by an agent to certify facts concerning a power of attorney. AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of Idaho ) ) ss. County of …… ) I, ……(Name of Agent)……,…

15-12-401. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it.

15-12-402. Relation to electronic signatures in global and national commerce act. This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit or supersede section 10…

15-12-403. Effect on existing powers of attorney. Except as otherwise provided in this chapter, on the effective date of this chapter: (1) This chapter applies to a power of attorney created before, on or after the effective date of this chapter; (2) This chapter applies to a jud…

15-13-101. SHORT TITLE. This chapter may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."

15-13-102. DEFINITIONS. In this chapter: (1) "Adult" means an individual who has attained eighteen (18) years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed pursuant to chapter 5, title 15, Idah…

15-13-103. INTERNATIONAL APPLICATION OF chapter. A court of this state may treat a foreign country as if it were a state for the purpose of applying part 1 of this chapter and parts 2, 3 and 5 of this chapter.

15-13-104. communications between Courts. (1) A court of this state may communicate with a court in another state concerning a proceeding arising pursuant to this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in subsect…

15-13-105. COOPERATION BETWEEN COURTS. (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) Hold an evidentiary hearing; (b) Order a person in that state to produce e…

15-13-106. TAKING TESTIMONY IN ANOTHER STATE. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for test…

15-13-201. DEFINITIONS — SIGNIFICANT-CONNECTION FACTORS. (1) In this part: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent’s health, safety or welfare, including finances, and for which the appointment of a guardian is necessary be…

15-13-202. EXCLUSIVE BASIS. This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

15-13-203. JURISDICTION. A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) This state is the respondent’s home state; (2) On the date the petition is filed, this state is a significant-connection state and: (a) The r…

15-13-204. SPECIAL JURISDICTION. (1) A court of this state lacking jurisdiction pursuant to section 15–13–203(1) through (3), Idaho Code, has special jurisdiction to do any of the following: (a) Appoint a guardian in an emergency for a term not exceeding ninety (90) days for a re…

15-13-205. EXCLUSIVE AND CONTINUING JURISDICTION. Except as otherwise provided in section 15–13–204, Idaho Code, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it …

15-13-206. APPROPRIATE FORUM. (1) A court of this state having jurisdiction pursuant to section 15–13–203, Idaho Code, to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more a…

15-13-207. JURISDICTION DECLINED BY REASON OF CONDUCT. (1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) Decline to exercise jurisdiction; (b) Ex…

15-13-208. NOTICE OF PROCEEDING. If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements…

15-13-209. PROCEEDINGS IN MORE THAN ONE STATE. Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state pursuant to section 15–13–204(1)(a) or (1)(b), Idaho Code, if a petition for the appo…

15-13-301. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE. (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition pursuant to subsection (1) of this sect…

15-13-302. ACCEPTING GUARDIANSHIP OR CONSERVATORSHIP TRANSFERRED FROM ANOTHER STATE. (1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to section 15–13–301, Idaho Code, the guardian or conservator must petition the cou…

15-13-401. REGISTRATION OF GUARDIANSHIP ORDERS. If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court of an intent to …

15-13-402. REGISTRATION OF PROTECTIVE ORDERS. If a conservator has been appointed in another state and a petition for a protective order is not pending in this state, the conservator appointed in the other state, after giving notice to the appointing court of an intent to registe…

15-13-403. EFFECT OF REGISTRATION. (1) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this state all powers authorized in the order of appointment except as prohibited under the laws of this state, including…

15-13-501. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

15-13-502. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This chapter modifies, limits and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001, et seq., but does not modify, limit or supersede section 1…

15-13-504. TRANSITIONAL PROVISION. (1) This chapter applies to guardianship and protective proceedings begun on or after July 1, 2011. (2) Parts 1, 3 and 4 of this chapter and sections 15–13–501 and 15–13–502, Idaho Code, apply to proceedings begun before July 1, 2011, regardless…

15-14-101. short title. This chapter shall be known and may be cited as the "Revised Uniform Fiduciary Access to Digital Assets Act."

15-14-102. definitions. As used in this chapter: (1) "Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives or stores a digital asset of the user or provides goods or services to the user. (2) "Agent" means a…

15-14-103. applicability. (1) This chapter applies to: (a) A fiduciary acting under a will or power of attorney executed before, on or after July 1, 2016; (b) A personal representative acting for a decedent who died before, on or after July 1, 2016; (c) A conservatorship proceedi…

15-14-104. user DIRECTION FOR DISCLOSURE OF DIGITAL ASSETs. (1) A user may use an online tool to direct the custodian to disclose to the designated recipient or not to disclose some or all of the user’s digital assets, including the content of electronic communications. If the on…

15-14-105. terms of service agreement. (1) This chapter does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user. (2) This chapter does not give a fiduciary or designated recipient any new or expand…

15-14-106. procedure for disclosing digital assets. (1) When disclosing the digital assets of a user under this chapter, the custodian may at its sole discretion: (a) Grant a fiduciary or designated recipient full access to the user’s account; (b) Grant a fiduciary or designated …

15-14-107. disclosure of the content of electronic communications of deceased user. If a deceased user consented or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of th…

15-14-108. disclosure of other digital assets of deceased user. Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communication…

15-14-109. disclosure of content of electronic communications of principal. To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the …