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]

15-5-319.  TERMINATION OR MODIFICATION OF GUARDIANSHIP FOR ADULT. [effective January 1, 2027] (1) An adult subject to guardianship, the guardian for the adult subject to guardianship, or a person interested in the welfare of the adult subject to guardianship may petition for:

(a)  Termination of the guardianship on the grounds that a basis for appointment under section 15-5-301, Idaho Code, does not exist or that termination would be in the best interest of the adult subject to guardianship or for other good cause; or

(b)  Modification of the guardianship on the grounds that the extent of protection or assistance granted is not appropriate or for other good cause.

(2)  The court shall hold a hearing to determine whether termination or modification of a guardianship for an adult subject to guardianship is appropriate upon:

(a)  Petition under subsection (1) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the guardianship may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;

(b)  Communication from the adult subject to guardianship, the guardian, or a person interested in the welfare of the adult subject to guardianship that supports a reasonable belief that termination or modification of the guardianship may be appropriate, including because the functional needs of the adult subject to guardianship or supports or services available to the adult subject to guardianship have changed;

(c)  A report from a guardian or conservator that indicates that termination or modification may be appropriate because the functional needs of the adult subject to guardianship or supports or services available to the adult subject to guardianship have changed or a protective arrangement instead of guardianship or other less restrictive alternative for meeting the adult subject to guardianship’s needs is available; or

(d)  A determination by the court that a hearing would be in the best interest of the adult subject to guardianship.

(3)  Notice of a petition under subsection (2)(a) of this section shall be given to the adult subject to guardianship, the guardian, and any other person as the court determines.

(4)  Upon presentation of prima facie evidence for termination of a guardianship for an adult subject to guardianship, the court shall order termination unless it is proven that a basis for appointment of a guardian under section 15-5-301, Idaho Code, exists.

(5)  The court shall modify the powers granted to a guardian for an adult subject to guardianship if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult subject to guardianship, the adult subject to guardianship’s supports, or other circumstances.

(6)  Unless the court otherwise orders for good cause, before terminating or modifying a guardianship for an adult subject to guardianship, the court shall follow the same procedures to safeguard the rights of the adult subject to guardianship that apply to a petition for guardianship.

(7)  An adult subject to guardianship who seeks to terminate or modify the terms of the guardianship has the right to choose an attorney to represent the adult subject to guardianship in the matter. If the adult subject to guardianship is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 15-5-305, Idaho Code. The court shall award reasonable attorney’s fees to the attorney for the adult subject to guardianship as provided in section 15-5-119, Idaho Code.

History:

[15-5-319, added 2026, ch. 79, sec. 5, p. 361.]