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 2

GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]

15-5-211.  Proceedings subsequent to appointment — Venue. [effective until January 1, 2027] (a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.

(b)  If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, if in this state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interest of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed. If the court in which acceptance of appointment is filed is in another state, the court in this state shall proceed in accordance with chapters 9, 10 and/or 11, title 15, Idaho Code, as appropriate.

15-5-211.  REMOVAL OF GUARDIAN FOR MINOR — TERMINATION OF GUARDIANSHIP — APPOINTMENT OF SUCCESSOR. [effective January 1, 2027] (1) Guardianship under this chapter for a minor terminates:

(a)  Upon the minor’s death, adoption, emancipation, or attainment of majority; or

(b)  When the court finds that the standard in section 15-5-201, Idaho Code, for appointment of a guardian is not satisfied, unless the court finds that:

(i)   Termination of the guardianship would be harmful to the minor; and

(ii)  The minor’s interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent’s right to make decisions for the minor.

(2)  A minor subject to guardianship or a person interested in the welfare of the minor may petition the court to terminate the guardianship, modify the guardianship, remove the guardian, and appoint a successor guardian.

(3)  A petitioner under subsection (2) of this section shall give notice of the hearing on the petition to the minor, if the minor is twelve (12) years of age or older and is not the petitioner, to the guardian, to each parent of the minor, and to any other person as the court determines.

(4)  Not later than thirty (30) days after appointment of a successor guardian for a minor, the successor guardian shall give notice of the appointment to the minor subject to guardianship, if the minor is twelve (12) years of age or older, each parent of the minor, and any other person as the court determines.

(5)  When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and is in the best interest of the minor.

(6)  A guardian for a minor that is removed shall cooperate with a successor guardian to facilitate transition of the guardian’s responsibilities and protect the best interest of the minor.

History:

[15-5-211, added 1971, ch. 111, sec. 1, p. 233; am. 2006, ch. 182, sec. 1, p. 565; repealed and added 2026, ch. 79, sec. 4, p. 347.]