TITLE 15

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

15-5-104.  Delegation of powers by parent or guardian. [effective until january 1, 2027] A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, or in the case of military personnel serving beyond the territorial limits of the United States for a period not exceeding twelve (12) months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor or ward including, but not limited to, powers for medical care and educational care of the minor or ward, except the parent’s or guardian’s power to consent to marriage or adoption of a minor or ward. The delegation for a minor to a grandparent of the minor, or to a sibling of the minor, or to a sibling of either parent of the minor, shall continue in effect until the time period, or date, or condition set forth in the power of attorney for automatic expiration of the power of attorney occurs. If the power of attorney does not provide a time period, or date, or condition for automatic expiration of the power, the power of attorney shall continue in effect for a period of three (3) years. The power may be revoked prior to the expiration of the three (3) year period, or prior to the time period, or date, or condition for automatic expiration, in a writing delivered to the grandparent or sibling by the delegating parent or guardian. The power of attorney does not need to be notarized or recorded to be valid. However, if the power is recorded, any revocation of the power by a writing must also be recorded before the revocation is effective.

15-5-104.  SUBJECT MATTER JURISDICTION. [effective january 1, 2027] (1) The district court has jurisdiction over a conservatorship or protective arrangement instead of a conservatorship for a minor domiciled or having property in this state. Except to the extent jurisdiction is precluded by the uniform child custody jurisdiction and enforcement act, chapter 11, title 32, Idaho Code, or the Idaho child protective act, chapter 16, title 16, Idaho Code, the district court has jurisdiction over a guardianship for a minor domiciled or present in this state. Where a minor is within the jurisdiction of a court under the child protective act or where a guardianship proceeding arose in connection with a permanency plan for a minor who was the subject of a proceeding under the child protective act, the court having jurisdiction over the proceeding under the child protective act shall have exclusive jurisdiction and venue over any guardianship proceeding involving such minor unless, in furtherance of the permanency plan, the court declines to exercise such jurisdiction and venue, notwithstanding the provisions of this subsection.

(a)  In any action connected to a guardianship pursuant to this subsection, in addition to notice or service upon interested parties, as provided in section 15-5-203, Idaho Code, notice of the following shall be served upon the department of health and welfare in the manner prescribed in Idaho supreme court rules:

(i)   Any petition for the appointment of a guardian of a minor;

(ii)  Any pleading filed in connection with such guardianship;

(iii) Any proceeding of any nature in such guardianship; and

(iv)  The time and place of any hearing in connection with such guardianship.

(b)  In any action occurring pursuant to the provisions of this subsection, the department of health and welfare shall have the right to appear and be heard at any hearing and shall have the right to intervene at any stage of the action.

(c)  A guardian appointed in an action occurring pursuant to this subsection may not consent to the adoption of the minor without providing prior notice of the action of adoption to the department of health and welfare.

(2)  The district court has jurisdiction over a guardianship, conservatorship, or protective arrangement under this chapter for an adult as provided in the uniform adult guardianship and protective proceedings jurisdiction act, chapter 13, title 15, Idaho Code.

(3)  After notice is given in a proceeding for a guardianship, conservatorship, or protective arrangement under this chapter and until termination of the proceeding, the court in which the petition is filed has:

(a)  Exclusive jurisdiction to determine the need for the guardianship, conservatorship, or protective arrangement;

(b)  Exclusive jurisdiction to determine how property of the respondent shall be managed, expended, or distributed to or for the use of the respondent, an individual who is dependent in fact on the respondent, or other claimant;

(c)  Nonexclusive jurisdiction to determine the validity of a claim against the respondent or property of the respondent or a question of title concerning the property; and

(d)  If a guardian or conservator is appointed, exclusive jurisdiction over issues related to administration of the guardianship or conservatorship.

(4)  A court that appoints a guardian or conservator or authorizes a protective arrangement under this chapter has exclusive and continuing jurisdiction over the proceeding until the court terminates the proceeding or the appointment or protective arrangement expires by its terms.

History:

[15-5-104, added 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 29, sec. 1, p. 58; am. 2003, ch. 64, sec. 1, p. 210; repealed and added 2026, ch. 79, sec. 3, p. 331.]