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]

15-5-316.  Guardian ad litem — Rights and powers. [effective until January 1, 2027] The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-315, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first.

(1)  The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the ward, and to have all of the rights of the ward, whether conferred by statute, rule of court, or otherwise.

(2)  All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the guardian’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the ward.

(3)  Except to the extent prohibited or regulated by federal law, upon presentation of a copy of the order appointing the guardian ad litem, any person or agency, including without limitation any hospital, school organization, department of health and welfare, doctor, nurse or other health care provider, psychologist, psychiatrist, police department, or mental health clinic, shall permit the guardian ad litem to inspect and copy pertinent records relating to the ward necessary for the proceeding for which the guardian ad litem has been appointed.

(4)  The guardian ad litem may request, and the court may order whether in response to such request or otherwise, a criminal history and background check to be conducted at the proposed guardian’s expense on any individual who resides in the ward’s proposed residence. Any such check shall be conducted pursuant to chapter 25[27], title 56, Idaho Code.

15-5-316.  guardian’s plan. [effective January 1, 2027] A guardian’s plan shall be done in accordance with Idaho supreme court rules.

History:

[15-5-316, added 2005, ch. 49, sec. 2, p. 182; am. 2008, ch. 74, sec. 4, p. 197; am. 2013, ch. 262, sec. 3, p. 642; am. 2015, ch. 246, sec. 1, p. 1042; am. 2026, ch. 220, sec. 6, p. 922; repealed and added 2026, ch. 79, sec. 5, p. 360.]