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]

15-5-420.  Conservators — Title by appointment. [effective until January 1, 2027] (a) The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact, or to the part thereof specified in the order. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.

(b)  The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.

(c)  Until termination of his appointment, a conservator has the same power over the title to property of the protected person’s estate that an absolute owner would have, provided however, that such power is held in trust for the benefit of the protected person. This power may be exercised without notice, hearing, or order of the court.

15-5-420.  inventory — records. [effective January 1, 2027] (1) Not later than ninety (90) days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits.

(2)  A conservator shall give notice of the filing of an inventory to the individual subject to conservatorship, any person entitled to notice under section 15-5-411(5), Idaho Code, or a subsequent order, and any other person as the court determines. The notice shall be given not later than seven (7) days after the filing.

(3)  A conservator shall keep records of the administration of the conservatorship estate and make them available for examination upon reasonable request of the individual subject to conservatorship, a guardian for the individual subject to conservatorship, or any other person as the conservator or the court determines.

History:

[15-5-420, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 11, p. 729; am. 2005, ch. 48, sec. 1, p. 180; repealed and added 2026, ch. 79, sec. 6, p. 376.]