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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
UNIFORM PROBATE CODE
CHAPTER 5
PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]
PART 1
GENERAL PROVISIONS
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 finds by clear and convincing evidence that such appointment is in the best interest of the respondent:
(a) A convicted felon; or
(b) A person whose residence is the respondent’s proposed residence or who will be frequented by the respondent and is frequented by a convicted felon.
(2) No individual shall be appointed as guardian of an adult respondent unless all of the following first occurs:
(a) The proposed guardian has submitted to and paid for a criminal history and background check conducted pursuant to section 56-1004A(2) and (3), Idaho Code [chapter 27, title 56, Idaho Code];
(b) Pursuant to an order of the court so requiring, any individual who resides in the respondent’s proposed residence has submitted, at the proposed guardian’s expense, to a criminal history and background check conducted pursuant to section 56-1004A(2) and (3), Idaho Code [chapter 27, title 56, Idaho Code];
(c) The findings of such criminal history and background checks have been made available to the visitor, DD evaluation committee, guardian ad litem, and any other person entitled to the findings by the department of health and welfare; and
(d) The proposed guardian provided a report of his civil judgments and bankruptcies to the visitor, the guardian ad litem, and all others entitled to notice of the guardianship proceeding.
(3) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crime relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court.
(4) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court.
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