TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

PART 3.

GUARDIANS OF INCAPACITATED PERSONS

15-5-308.  Visitor in guardianship proceeding. (1) A visitor is, with respect to guardianship proceedings, an individual with no personal interest in the proceedings and who meets the qualifications identified in Idaho supreme court rule. A visitor may either be an employee of or appointed by the court. If appointed, a visitor becomes an officer of the court.

(2)  A visitor must report to the court on the status of the person proposed to be under guardianship. All reports must be under oath or affirmation and must comply with Idaho supreme court rules.

(3)   A visitor shall be personally immune from any liability for acts, omissions or errors in the same manner as if such visitor were a volunteer or director under the provisions of section 6-1605, Idaho Code.

(4)   A visitor cannot serve as guardian ad litem. The visitor and the guardian ad litem for the person proposed to be under guardianship may not be members or employees of the same entity.

(5)  The visitor may request to order a criminal history and background check at the proposed guardian’s expense on any individual who resides in or may frequent the residence of the person proposed to be under guardianship. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.

History:

[15-5-308, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 20, p. 510; am. 1997, ch. 201, sec. 1, p. 576; am. 1999, ch. 128, sec. 2, p. 371; am. 2002, ch. 217, sec. 1, p. 595; am. 2008, ch. 74, sec. 1, p. 195; am. 2013, ch. 262, sec. 1, p. 640; am. 2017, ch. 261, sec. 4, p. 647.]