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 4

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]

15-5-403.  Venue. [effective until January 1, 2027] Venue for proceedings under this chapter is:

(a)  In the place in this state where the person to be protected resides whether or not a guardian has been appointed in another place; or

(b)  If the person to be protected does not reside in this state, in any place where he has property.

15-5-403.  NOTICE AND HEARING FOR APPOINTMENT OF CONSERVATOR. [effective January 1, 2027] (1) Upon filing of a petition under section 15-5-402, Idaho Code, for appointment of a conservator, and after completion of any required training or background checks, the court shall set a date, time, and place for a hearing on the petition.

(2)  A copy of the petition and notice of a hearing on the petition shall be served personally on the respondent. If the respondent’s whereabouts are unknown or personal service cannot be made, service on the respondent shall be made as provided by the Idaho supreme court rules. The notice shall inform the respondent of the respondent’s rights at the hearing, including the right to an attorney and to attend the hearing. The notice shall include a description of the nature, purpose, and consequences of granting the petition. The court may not grant a petition for appointment of a conservator if notice substantially complying with the provisions of this subsection is not served on the respondent.

(3)  In a proceeding on a petition under section 15-5-402, Idaho Code, the notice required under subsection (2) of this section shall be given to the persons required to be listed in the petition under section 15-5-402(2)(a) through (c), Idaho Code, and any other person interested in the respondent’s welfare as the court determines. Failure to give notice under the provisions of this subsection does not preclude the court from appointing a conservator.

(4)  After the appointment of a conservator, notice of a hearing on a petition for an order under this part, together with a copy of the petition, shall be given to:

(a)  The individual subject to conservatorship, if the person is twelve (12) years of age or older and not missing, detained, or unable to return to the United States;

(b)  The conservator; and

(c)  Any other person as the court determines.

History:

[15-5-403, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 6, p. 367.]