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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
15-5-120. 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 benefit of the individual subject to guardianship. If a conservator, other than the guardian or a person affiliated with the guardian, is appointed for the individual subject to conservatorship, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without court approval.
(2) Subject to court approval, a conservator is entitled to reasonable compensation for services and reimbursement for appropriate expenses from the property of the individual subject to conservatorship.
(3) In determining reasonable compensation for a guardian or conservator, the court, or a conservator in determining reasonable compensation for a guardian as provided in subsection (1) of this section, shall consider:
(a) The necessity and quality of the services provided;
(b) The experience, training, professional standing, and skills of the guardian or conservator;
(c) The difficulty of the services performed, including the degree of skill and care required;
(d) The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;
(e) The effect of the services on the individual subject to guardianship or conservatorship;
(f) The extent to which the services provided were or were not consistent with the guardian’s plan under section 15-5-316, Idaho Code, or conservator’s plan under section 15-5-419, Idaho Code; and
(g) The fees customarily paid to a person that performs a like service in the community.
(4) A guardian or conservator need not use personal funds for the expenses of the individual subject to guardianship or conservatorship.
(5) If an individual subject to guardianship or conservatorship seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interest of the individual subject to guardianship or conservatorship.
(6) If the estate is inadequate to bear any of the reasonable compensation, fees, or costs referenced in this section, the court may apportion the reasonable compensation, fees, or costs to any party, or among the parties, as the court deems reasonable.
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