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]

15-5-310.  Temporary guardians of incapacitated persons. [effective until January 1, 2027] (a) The court may appoint a temporary guardian if it finds:

(1)  A petition for guardianship under section 15-5-303, Idaho Code, has been filed, but a guardian has not yet been appointed;

(2)  Substantial evidence of incapacity;

(3)  By a preponderance of the evidence an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare; and

(4)  No other person appears to have the ability, authority and willingness to act.

(b)  When a person is under guardianship, the court may appoint a temporary guardian if it finds:

(1)  Substantial evidence that the guardian is not performing the guardian’s duties; and

(2)  By a preponderance of the evidence, an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare.

The authority of a guardian previously appointed by the court is suspended as long as a temporary guardian has authority. The court must hold a hearing before the expiration of the temporary guardian’s authority and may enter any appropriate order.

(c)(1)  A temporary guardian may be appointed without notice or hearing if the court finds from a statement under oath that the person will be immediately and substantially harmed before notice can be given or a hearing held.

(2)  If the court appoints a temporary guardian without notice, notice of the appointment must be given to those designated in section 15-5-309, Idaho Code, within seventy-two (72) hours after the appointment. The notice must inform the interested persons of the right to request a hearing. The court must hold a hearing on the appropriateness of the appointment within fourteen (14) days after the request by an interested person.

(3)  The temporary guardian’s authority may not exceed ninety (90) days, unless extended for good cause. The powers of the temporary guardian must be limited to those necessary to protect the immediate health, safety or welfare of the person until such time as a hearing may be held in the matter.

(4)  A temporary guardian must make reports as the court requires.

15-5-310.  ORDER OF APPOINTMENT FOR GUARDIAN. [effective January 1, 2027] (1) A court order appointing a guardian for an adult shall:

(a)  Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision-making;

(b)  Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition; and

(c)  State whether the adult subject to guardianship retains the right to marry and, if the adult does not retain the right to marry, include findings, established by clear and convincing evidence, that support removing that right.

(2)  An adult subject to guardianship retains the right to marry unless the order includes findings that support removing that right by clear and convincing evidence required by subsection (1)(c) of this section.

(3)  A court order establishing a full guardianship for an adult subject to guardianship shall state the basis for granting a full guardianship and include specific findings by clear and convincing evidence that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship.

(4)  A court order establishing a limited guardianship for an adult subject to guardianship shall state the specific powers granted to the guardian.

(5)  The court, as part of an order establishing a guardianship for an adult subject to guardianship, shall identify any person that subsequently is entitled to:

(a)  Notice of the rights of the adult subject to guardianship under section 15-5-311(2), Idaho Code;

(b)  Notice of a change in the primary dwelling of the adult subject to guardianship;

(c)  Notice that the guardian will be unavailable to visit the adult subject to guardianship for more than two (2) months or unavailable to perform the guardian’s duties for more than one (1) month;

(d)  A copy of the guardian’s plan under section 15-5-316, Idaho Code, and the guardian’s report under section 15-5-317, Idaho Code;

(e)  Access to court records relating to the guardianship;

(f)  Notice of the death or significant change in the condition of the adult subject to guardianship;

(g)  Notice that the court has limited or modified the powers of the guardian; and

(h)  Notice of the removal of the guardian.

(6)  A spouse and adult children of an adult subject to guardianship are entitled to notice under subsection (5) of this section unless the court determines notice would be contrary to the preferences or prior directions of the adult subject to guardianship or not in the best interest of the adult subject to guardianship.

(7)  Orders for guardianship for a person with a developmental disability shall include notice of special limitations on a guardian’s power in section 15-5-315(4), Idaho Code.

History:

[15-5-310, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 6, p. 725; am. 1999, ch. 128, sec. 3, p. 372; am. 2005, ch. 52, sec. 1, p. 189; am. 2017, ch. 261, sec. 5, p. 648; am. 2020, ch. 123, sec. 2, p. 381; repealed and added 2026, ch. 79, sec. 5, p. 353.]