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 5

OTHER PROTECTIVE ARRANGEMENTS [EFFECTIVE JANUARY 1, 2027]

15-5-502.  BASIS FOR PROTECTIVE ARRANGEMENT INSTEAD OF GUARDIANSHIP FOR ADULT. [EFFECTIVE January 1, 2027] (1) After the hearing on a petition under section 15-5-302, Idaho Code, for a guardianship or under section 15-5-501(2), Idaho Code, for a protective arrangement instead of guardianship, the court may issue an order under subsection (2) of this section for a protective arrangement instead of guardianship if the court finds by clear and convincing evidence that:

(a)  The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision-making; and

(b)  The respondent’s identified needs cannot be met by a less restrictive alternative.

(2)  If the court makes the findings under subsection (1) of this section, the court, instead of appointing a guardian, may:

(a)  Authorize or direct a transaction necessary to meet the respondent’s need for health, safety, or care, including:

(i)   A particular medical treatment or refusal of a particular medical treatment;

(ii)  A move to a specified place of dwelling; or

(iii) Visitation or supervised visitation between the respondent and another person;

(b)  Restrict access to the respondent by a specified person whose access places the respondent at serious risk of physical, psychological, or financial harm; and

(c)  Order other arrangements on a limited basis that are appropriate.

(3)  In deciding whether to issue an order under this section, the court shall consider the factors under sections 15-5-313 and 15-5-314, Idaho Code, that a guardian shall consider when making a decision on behalf of an adult subject to guardianship.

History:

[15-5-502, added 2026, ch. 79, sec. 7, p. 386.]