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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 3
GUARDIANS OF INCAPACITATED PERSONS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF ADULT [EFFECTIVE JANUARY 1, 2027]
15-5-318. TERMINATION OR MODIFICATION OF GUARDIANSHIP. [effective until January 1, 2027] (1) A guardianship terminates upon the death of the ward or upon order of the court.
(2) On petition of a ward, a guardian, or another person interested in the ward’s welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward’s capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action.
(3) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward as apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination unless it is proven that continuation of the guardianship is in the best interest of the ward.
15-5-318. REMOVAL OF GUARDIAN FOR ADULT — APPOINTMENT OF SUCCESSOR. [effective January 1, 2027] (1) The court may remove a guardian for an adult subject to guardianship for failure to perform the guardian’s duties or for other good cause and appoint a successor guardian to assume the duties of guardian.
(2) The court shall hold a hearing to determine whether to remove a guardian for an adult subject to guardianship and appoint a successor guardian upon:
(a) Petition of the adult subject to guardianship, the guardian, or a person interested in the welfare of the adult subject to guardianship that contains allegations that, if true, would support a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;
(b) Communication from the adult subject to guardianship, the guardian, or a person interested in the welfare of the adult subject to guardianship that supports a reasonable belief that removal of the guardian and appointment of a successor guardian may be appropriate; or
(c) Determination by the court that a hearing would be in the best interest of the adult subject to guardianship.
(3) Notice of a petition under subsection (2)(a) of this section shall be given to the adult subject to guardianship, the guardian, and any other person as the court determines.
(4) An adult subject to guardianship who seeks to remove the guardian and have a successor guardian appointed has the right to choose an attorney to represent the adult subject to guardianship in this matter. If the adult subject to guardianship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 15-5-305, Idaho Code. The court shall award reasonable attorney’s fees to the attorney for the adult subject to guardianship as provided in section 15-5-119, Idaho Code.
(5) In selecting a successor guardian for an adult subject to guardianship, the court shall follow the priorities under section 15-5-309, Idaho Code.
(6) No later than thirty (30) days after appointing a successor guardian, the court shall give notice of the appointment to the adult subject to guardianship and any person entitled to notice under section 15-5-310(5), Idaho Code, or a subsequent order.
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