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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 4
PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]
15-5-421. Recording of conservator’s letters. [effective until January 1, 2027] Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate subjected to the conservatorship from the conservator to the protected person, or his successors. Letters of conservatorship and orders terminating conservatorship may be recorded in the office of the county recorder in any county in which property affected by such letters or orders is located and, from the time of filing the same for record, notice is imparted to all persons of the contents of such letters or orders.
15-5-421. ADMINISTRATIVE POWERS OF CONSERVATOR NOT REQUIRING COURT APPROVAL. [effective January 1, 2027] (1) Except as otherwise provided in section 15-5-414, Idaho Code, or qualified or limited in the court’s order of appointment and stated in the letters of office, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state other than this chapter.
(2) A conservator, acting reasonably and consistent with the fiduciary duties of the conservator to accomplish the purpose of the conservatorship, without specific court authorization or confirmation, may with respect to the conservatorship estate:
(a) Collect, hold, and retain property, including property in which the conservator has a personal interest and real property in another state, until the conservator determines disposition of the property should be made;
(b) Receive additions to the conservatorship estate;
(c) Continue or participate in the operation of a business or other enterprise;
(d) Invest assets;
(e) Deposit funds or other property in a financial institution, including one operated by the conservator;
(f) Acquire or dispose of property, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of, or abandon property;
(g) Make ordinary or extraordinary repairs or alterations in a building or other structure, demolish any improvement, or raze an existing or erect a new party wall or building;
(h) Subdivide or develop land, dedicate land to public use, make or obtain the vacation of a plat and adjust a boundary, adjust a difference in valuation of land, exchange or partition land by giving or receiving consideration, and dedicate an easement to public use without consideration;
(i) Enter for any purpose into a lease of property as lessor or lessee, with or without an option to purchase or renew, for a term within or extending beyond the term of the conservatorship;
(j) Enter into a lease or arrangement for exploration and removal of minerals or other natural resources or a pooling or unitization agreement;
(k) Grant an option involving disposition of property or accept or exercise an option for the acquisition of property;
(l) Vote a security, in person or by general or limited proxy;
(m) Pay a call, assessment, or other sum chargeable or accruing against or on account of a security;
(n) Sell or exercise a stock subscription or conversion right;
(o) Consent, directly or through a committee or agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise;
(p) Hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery;
(q) Insure:
(i) The conservatorship estate, in whole or in part, against damage or loss in accordance with section 15-5-418(10), Idaho Code; and
(ii) The conservator against liability with respect to a third person;
(r) Borrow funds, with or without security, to be repaid from the conservatorship estate or otherwise;
(s) Advance funds for the protection of the conservatorship estate or the individual subject to conservatorship and for all expenses, losses, and liability sustained in the administration of the conservatorship estate or because of holding any property for which the conservator has a lien on the conservatorship estate;
(t) Pay or contest a claim, settle a claim by or against the conservatorship estate or the individual subject to conservatorship by compromise, arbitration, or otherwise, or release, in whole or in part, a claim belonging to the conservatorship estate to the extent the claim is uncollectible;
(u) Pay a tax, assessment, compensation for the conservator or any guardian, and other expense incurred in the collection, care, administration, and protection of the conservatorship estate;
(v) Pay a sum distributable to the individual subject to conservatorship or an individual who is in fact dependent on the individual subject to conservatorship by paying the sum to the distributee or for the use of the distributee:
(i) To the guardian for the distributee;
(ii) To the custodian of the distributee under the uniform transfers to minors act or custodial trustee under the uniform custodial trust act; or
(iii) If there is no guardian, custodian, or custodial trustee, to a relative or other person having physical custody of the distributee;
(w) Bring or defend an action, claim, or proceeding in any jurisdiction for the protection of the conservatorship estate or the conservator in the performance of the conservator’s duties;
(x) Structure the finances of the individual subject to conservatorship to establish eligibility for a public benefit, including by making gifts consistent with the individual’s preferences, values, and prior directions, if the conservator’s action does not jeopardize the individual subject to conservatorship’s welfare and otherwise is consistent with the conservator’s duties; and
(y) Execute and deliver any instrument that will accomplish or facilitate the exercise of a power of the conservator.
History: