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]

15-5-406.  Protective proceedings — Request for notice — Interested person. [effective until January 1, 2027] Any person desiring notice of any order or filing in a protective proceeding described in this part involving a person in whom he is interested may file a request for notice with the court stating his name, the name of the alleged disabled person, the nature of the requesting person’s interest, and his 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 conservator if one has been appointed, or to the petitioner if there is no conservator. A request is effective only as to matters occurring after its filing.

15-5-406.  APPOINTMENT AND ROLE OF ATTORNEY. [effective January 1, 2027] (1) Unless the respondent in a proceeding for appointment of a conservator is represented by an attorney, the court may, in the discretion of the court, appoint an attorney to represent the respondent, regardless of the respondent’s ability to pay.

(2)  An attorney representing the respondent in a proceeding for appointment of a conservator shall:

(a)  Make reasonable efforts to ascertain the respondent’s wishes;

(b)  Advocate for the respondent’s wishes to the extent reasonably ascertainable; and

(c)  If the respondent’s wishes are not reasonably ascertainable, advocate for the result that is the least restrictive in type, duration, and scope, consistent with the respondent’s interests.

(3)  The court may, in the discretion of the court, appoint an attorney to represent a parent of a minor who is the subject of a proceeding under section 15-5-402, Idaho Code, if:

(a)  The parent objects to appointment of a conservator;

(b)  The court determines that counsel is needed to ensure that consent to appointment of a conservator is informed; or

(c)  The court otherwise determines the parent needs representation.

History:

[15-5-406, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 9, p. 727; am. 2007, ch. 71, sec. 4, p. 194; repealed and added 2026, ch. 79, sec. 6, p. 368.]