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 3

GUARDIANS OF INCAPACITATED PERSONS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF ADULT [EFFECTIVE JANUARY 1, 2027]

15-5-306.  Termination of guardianship for incapacitated person. [effective until January 1, 2027] (1) Subject to subsection (2) of this section, the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 15-5-307 of this part. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.

(2)  If a guardian has the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan pursuant to section 54-1142(1), Idaho Code, then the guardianship shall continue as set forth in that section.

15-5-306.  professional evaluation. [effective January 1, 2027] (1) At or before a hearing on a petition for a guardianship for an adult, the court may order a professional evaluation of the respondent:

(a)  If the respondent requests the evaluation; or

(b)  In other cases, unless the court finds that it has sufficient information to determine the respondent’s needs and abilities without the evaluation.

(2)  If the court orders an evaluation under subsection (1) of this section, the respondent shall be examined by a licensed physician, psychologist, social worker, or other individual appointed by the court who is qualified to evaluate the respondent’s alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest. The individual conducting the evaluation promptly shall file a report in a record with the court. Unless otherwise directed by the court, the report shall contain:

(a)  A description of the nature, type, and extent of the respondent’s cognitive and functional abilities and limitations;

(b)  An evaluation of the respondent’s mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills;

(c)  A prognosis for improvement and recommendation for the appropriate treatment, support, or habilitation plan; and

(d)  The date of the examination on which the report is based.

(3)  The respondent may decline to participate in an evaluation ordered under subsection (1) of this section.

History:

[15-5-306, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 19, p. 510; am. 2006, ch. 181, sec. 2, p. 562; am. 2025, ch. 137, sec. 2, p. 702; repealed and added 2026, ch. 79, sec. 5, p. 351.]