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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
15-5-127. GRIEVANCE AGAINST GUARDIAN OR CONSERVATOR. [effective january 1, 2027] (1) An individual who is subject to guardianship or conservatorship, or a person interested in the welfare of an individual subject to guardianship or conservatorship, that reasonably believes the guardian or conservator is breaching the guardian’s or conservator’s fiduciary duty or otherwise acting in a manner inconsistent with this chapter may file a grievance in a record with the court.
(2) Subject to subsection (3) of this section, after receiving a grievance under subsection (1) of this section, the court:
(a) Shall review the grievance and, if necessary to determine the appropriate response, court records related to the guardianship or conservatorship;
(b) Shall schedule a hearing if the individual subject to guardianship or conservatorship is an adult and the grievance supports a reasonable belief that:
(i) Removal of the guardian and appointment of a successor may be appropriate under section 15-5-318, Idaho Code;
(ii) Termination or modification of the guardianship may be appropriate under section 15-5-319, Idaho Code;
(iii) Removal of the conservator and appointment of a successor may be appropriate under section 15-5-430, Idaho Code; or
(iv) Termination or modification of the conservatorship may be appropriate under section 15-5-431, Idaho Code; and
(c) May take any action supported by the evidence, including:
(i) Ordering the guardian or conservator to provide the court a report, accounting, inventory, updated plan, or other information;
(ii) Appointing a guardian ad litem;
(iii) Appointing an attorney for the individual subject to guardianship or conservatorship; or
(iv) Holding a hearing.
(3) The court may decline to act under subsection (2) of this section if a similar grievance was filed within the six (6) months preceding the filing of the current grievance and the court followed the procedures of subsection (2) in considering the earlier grievance.
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