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 3

GUARDIANS OF INCAPACITATED PERSONS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF ADULT [EFFECTIVE JANUARY 1, 2027]

15-5-307.  Removal or resignation of guardian — Termination of incapacity. [effective until January 1, 2027] (a) On petition of the ward or any person interested in his welfare, the court may remove a guardian and appoint a successor if in the best interests of the ward. On petition of the guardian, the court may accept his resignation and make any other order which may be appropriate.

(b)  An order adjudicating incapacity may specify a minimum period, not exceeding one (1) year, during which no petition for an adjudication that the ward is no longer incapacitated may be filed without special leave. Subject to this restriction, the ward or any person interested in his welfare may petition for an order that he is no longer incapacitated, and for removal or resignation of the guardian. A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court.

(c)  Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward’s incapacity has terminated, the court, following the same procedures to safeguard the rights of the ward as apply to a petition for appointment of a guardian, may send a visitor to the residence of the present guardian, and to the place where the ward resides or is detained, to observe conditions and report in writing to the court.

(d)  Upon request, a jury may be summoned to hear factual issues as in other civil cases.

15-5-307.  ATTENDANCE AND RIGHTS AT HEARING. [effective January 1, 2027] (1) Except as otherwise provided in subsection (2) of this section, a hearing under section 15-5-303, Idaho Code, may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.

(2)  A hearing under section 15-5-303, Idaho Code, may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:

(a)  The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to attend; or

(b)  There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance.

(3)  The respondent may be assisted in a hearing under section 15-5-303, Idaho Code, by a person or persons of the respondent’s choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent’s participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.

(4)  The respondent has a right to choose an attorney to represent the respondent at a hearing under section 15-5-303, Idaho Code.

(5)  At a hearing held under section 15-5-303, Idaho Code, the respondent may:

(a)  Present evidence and subpoena witnesses and documents;

(b)  Examine witnesses, including any court-appointed evaluator, any member of a DD evaluation committee, and the visitor; and

(c)  Otherwise participate in the hearing.

(6)  Unless excused by the court for good cause, a proposed guardian shall attend a hearing under section 15-5-303, Idaho Code.

(7)  A hearing under section 15-5-303, Idaho Code, shall be closed on request of the respondent and a showing of good cause.

(8)  Any person may request to participate in a hearing under section 15-5-303, Idaho Code. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person’s participation.

History:

[15-5-307, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 5, p. 351.]