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 2

GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]

15-5-202.  Testamentary appointment of guardian of minor. [effective until January 1, 2027] A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor. A testamentary appointment becomes effective upon the filing of the guardian’s acceptance in the court in which the will is probated, if, at the decedent’s death, no parent of the minor was alive who had a right to appoint a guardian for the minor. This state recognizes a testamentary appointment effected by the guardian’s acceptance under a will probated in another state which is the testator’s domicile. Written notice of acceptance of the appointment must be given by the guardian to the minor and to the person having his custody, or if none, his care, or if none, to his nearest adult relation immediately upon acceptance of appointment. The parent may appoint by will one (1) or more alternate guardians, in order of priority. If a guardian appointed by will fails to accept guardianship within thirty (30) days after the will is probated, or files a notice of declination to accept appointment prior to the running of the thirty (30) day period, or is deceased, or ceases to act after acceptance, then the alternate guardian next in priority becomes the appointed guardian and may file a written notice of acceptance in the court in which the will is probated.

15-5-202.  PETITION FOR APPOINTMENT OF GUARDIAN FOR MINOR. [EFFECTIVE JANUARY 1, 2027] (1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.

(2)  A petition under subsection (1) of this section shall state the petitioner’s name, principal residence, current street address, email address, phone number, relationship to the minor, interest in the appointment, and, if known, the name, address, email address, and phone number of any attorney representing the petitioner, and, to the extent known, the following:

(a)  The minor’s name, age, principal residence, current street address, if different, and, if different, address of the dwelling in which it is proposed the minor will reside if the appointment is made;

(b)  The name, current street address, email address, and phone number, if known, of the minor’s parents;

(c)  The name, address, email address, and phone number, if known, of each person that had primary care or custody of the minor for at least sixty (60) days during the two (2) years immediately before the filing of the petition or for at least seven hundred thirty (730) days during the five (5) years immediately before the filing of the petition;

(d)  The name, address, email address, and phone number of any attorney for the minor and any attorney for each parent of the minor;

(e)  The reason guardianship is sought and would be in the best interest of the minor;

(f)  The name, address, email address, and phone number, if known, of any proposed guardian and the reason the proposed guardian should be selected;

(g)  If the minor has property other than personal effects, a general statement of the minor’s property with an estimate of its value;

(h)  Whether the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings;

(i)  Whether any parent of the minor needs an interpreter, translator, or other form of support to communicate effectively with the court or understand court proceedings; and

(j)  Whether any other proceeding concerning the care or custody of the minor is pending in any court in this state or another jurisdiction.

History:

[15-5-202, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 17, p. 510; am. 2002, ch. 233, sec. 2, p. 670; am. 2006, ch. 183, sec. 1, p. 582; am. 2014, ch. 287, sec. 1, p. 728; repealed and added 2026, ch. 79, sec. 4, p. 342.]