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]

15-5-309.  Notices in guardianship proceedings. [effective until January 1, 2027] (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person and, if notice is required in a proceeding for appointment of a temporary guardian, notice of hearing shall be given to each of the following:

(a)  The ward or the person alleged to be incapacitated and his spouse, or, if none, his adult children or if none, his parents;

(b)  Any person who is serving as his guardian, conservator or who has his care and custody;

(c)  In case no other person is notified under subsection (1)(a) of this section, at least one (1) of his closest adult relatives, if any can be found; and

(d)  Any person who has filed a request for notice under this section.

(2)  Notice shall be served personally on the alleged incapacitated person. In all other cases, required notices shall be given as provided in section 15-1-401, Idaho Code. Waiver of notice by the person alleged to be incapacitated is not effective unless he attends the hearing or his waiver of notice is confirmed by the visitor or the guardian ad litem. Representation of the alleged incapacitated person by a guardian ad litem is not necessary.

(3)  Any person desiring notice of any order or filing in a proceeding involving an alleged incapacitated person in whom he is interested may file a request for notice with the court stating his name, the name of the incapacitated person, the nature of the requesting person’s interest, and address or that of his attorney. Upon payment of any fee required by statute or court rule, the clerk shall mail a copy of the request to the guardian if one has been appointed or to the petitioner if there is no guardian. A request is effective only as to matters occurring after its filing.

15-5-309.  WHO MAY BE GUARDIAN FOR ADULT — ORDER OF PRIORITY. [effective January 1, 2027] (1) Except as otherwise provided in subsection (3) of this section, the court in appointing a guardian for an adult shall consider persons qualified to be guardian in the following order of priority:

(a)  A guardian, other than a temporary or emergency guardian, currently acting for the respondent in another jurisdiction;

(b)  A person nominated as guardian by the respondent, including the respondent’s most recent nomination made in a power of attorney;

(c)  An agent appointed by the respondent under a medical directive for health care;

(d)  A spouse of the respondent; and

(e)  A family member or other individual who has shown special care and concern for the respondent.

(2)  If two (2) or more persons have equal priority under subsection (1) of this section, the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person’s relationship with the respondent, the person’s skills, the expressed wishes of the respondent, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a guardian successfully.

(3)  The court, acting in the best interest of the respondent, may decline to appoint as guardian a person having priority under subsection (1) of this section and appoint a person having a lower priority or no priority.

(4)  A person that provides paid services to the respondent, or an individual who is employed by a person that provides paid services to the respondent or is the spouse, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as guardian unless:

(a)  The individual is related to the respondent by blood, marriage, or adoption; or

(b)  The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.

(5)  An owner, operator, or employee of a long-term care institution at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.

(6)  Unless the court finds by clear and convincing evidence that such appointment is in the best interest of the respondent, no person shall be appointed as a guardian of a respondent if the person is:

(a)  A convicted felon; or

(b)  A person whose residence is the respondent’s proposed residence or will be frequented by the respondent and is frequented by a convicted felon.

History:

[15-5-309, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 5, p. 724; am. 2007, ch. 70, sec. 1, p. 187; am. 2007, ch. 71, sec. 2, p. 193; repealed and added 2026, ch. 79, sec. 5, p. 352.]