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]

15-5-431.  Payment of debt and delivery of property to foreign conservator without local proceedings. [effective until January 1, 2027] Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:

(a)  That no protective proceeding relating to the protected person is pending in this state, including any proceeding under chapters 9, 10 and/or 11, title 15, Idaho Code; and

(b)  That the foreign conservator is entitled to payment or to receive delivery.

If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.

15-5-431.  TERMINATION OR MODIFICATION OF CONSERVATORSHIP. [effective January 1, 2027] (1) A conservatorship for a minor terminates on the earliest of:

(a)  A court order terminating the conservatorship;

(b)  The minor:

(i)   Becoming an adult; or

(ii)  If the minor consents, or the court finds by clear and convincing evidence that substantial harm to the minor’s interests is otherwise likely, attaining twenty-one (21) years of age;

(c)  Emancipation of the minor; or

(d)  Death of the minor.

(2)  A conservatorship for an adult individual subject to conservatorship terminates on order of the court or when the adult individual subject to conservatorship dies.

(3)  An individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual subject to conservatorship may petition for:

(a)  Termination of the conservatorship on the grounds that a basis for appointment under section 15-5-401, Idaho Code, does not exist or termination would be in the best interest of the individual subject to conservatorship or for other good cause; or

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

(4)  The court shall hold a hearing to determine whether termination or modification of a conservatorship is appropriate upon:

(a)  Petition under subsection (3) of this section that contains allegations that, if true, would support a reasonable belief that termination or modification of the conservatorship 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 within the preceding six (6) months;

(b)  A communication from the individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual subject to conservatorship that supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the individual subject to conservatorship or supports or services available to the individual subject to conservatorship have changed;

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

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

(5)  Notice of a petition under subsection (3) of this section shall be given to the individual subject to conservatorship, the conservator, and any such other person as the court determines.

(6)  Upon presentation of prima facie evidence for termination of a conservatorship, the court shall order termination unless it is proven that a basis for appointment of a conservator under section 15-5-401, Idaho Code, exists.

(7)  The court shall modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the individual subject to conservatorship, supports given to the individual subject to conservatorship, or other circumstances.

(8)  Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the individual subject to conservatorship that apply to a petition for conservatorship.

(9)  An individual subject to conservatorship who seeks to terminate or modify the terms of the conservatorship has the right to choose an attorney to represent the individual subject to conservatorship in the matter. If the individual is not represented by an attorney, the court shall appoint an attorney under the same conditions as in section 15-5-406, Idaho Code. The court shall award reasonable attorney’s fees to the attorney as provided in section 15-5-119, Idaho Code.

(10) Upon termination of a conservatorship other than by reason of the death of the individual subject to conservatorship, property of the conservatorship estate passes to the individual formerly subject to conservatorship. The order of termination shall direct the conservator to file a final report and petition for discharge on approval by the court of the final report.

(11) Upon termination of a conservatorship by reason of the death of the individual subject to conservatorship, the conservator promptly shall file a final report and petition for discharge on approval by the court of the final report. Upon approval of the final report, the conservator shall proceed expeditiously to distribute the conservatorship estate to the individual subject to conservatorship’s estate or as otherwise ordered by the court. The conservator may take reasonable measures necessary to preserve the conservatorship estate until distribution can be made.

(12) The court shall issue a final order of discharge on the approval by the court of the final report and satisfaction by the conservator of any other condition the court imposed on the conservator’s discharge.

History:

[15-5-431, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 16, p. 319; am. 2006, ch. 182, sec. 4, p. 566; repealed and added 2026, ch. 79, sec. 6, p. 382.]