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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
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]
15-5-312. General powers and duties of guardian. [effective until January 1, 2027] (1) A guardian of an incapacitated person has the powers and responsibilities of a parent who has not been deprived of custody of his unemancipated minor child except that a guardian is not legally obligated to provide from his own funds for the ward and is not liable to third persons for acts of the ward, and except as hereinafter limited. In particular, and without qualifying the foregoing, a guardian has the following powers and duties, except as modified by order of the court when the guardianship is limited:
(a) To the extent that it is consistent with the terms of any order by a court of competent jurisdiction relating to detention or commitment of the ward, he is entitled to custody of the person of his ward and may establish the ward’s place of abode within or without this state. The guardian shall take reasonable measures to ensure that a convicted felon does not reside with, care for or visit the ward without court approval.
(b) If entitled to custody of his ward he shall make provision for the care, comfort and maintenance of his ward, and, whenever appropriate, arrange for his training and education. Without regard to custodial rights of the ward’s person, he shall take reasonable care of his ward’s clothing, furniture, vehicles and other personal effects and commence protective proceedings if other property of his ward is in need of protection.
(c) A guardian may give any consents or approvals that may be necessary to enable the ward to receive medical or other professional care, counsel, treatment or service. A guardian shall be automatically entitled to any information governed by the health insurance portability and accountability act of 1996 (HIPAA), 42 U.S.C. 1320d and 45 CFR 160 through 164, and the appointment of such guardian shall be deemed to grant such release authority.
(d) If no conservator for the estate of the ward has been appointed, the guardian may institute proceedings to appoint a conservator. In no circumstances shall the guardian exercise any of the powers of a conservator.
(e) A guardian shall be required to report to the court at least annually on the status of the ward. All reports shall be under oath or affirmation and shall comply with Idaho supreme court rules.
(f) If a conservator has been appointed, all of the ward’s estate received by the guardian in excess of those funds expended to meet current expenses for support, care, and education of the ward must be paid to the conservator for management as provided pursuant to this chapter, and the guardian must account to the conservator for funds expended.
(2) Any guardian of one for whom a conservator also has been appointed shall control the custody and care of the ward and is entitled to receive reasonable sums for his services and for room and board furnished to the ward as agreed upon between him and the conservator, provided the amounts agreed upon are reasonable under the circumstances. The guardian may request the conservator to expend the ward’s estate by payment to third persons or institutions for the ward’s care and maintenance.
(3) A guardian may delegate certain of his responsibilities for decisions affecting the ward’s well-being to the ward when reasonable under all of the circumstances.
15-5-312. EMERGENCY GUARDIAN FOR ADULT. [effective January 1, 2027] (1) On its own, after a petition has been filed under section 15-5-302, Idaho Code, or upon petition by a person interested in an adult respondent’s welfare, the court may appoint an emergency guardian for the respondent if the court finds:
(a) Appointment of an emergency guardian is likely to prevent substantial harm to the respondent’s physical health, safety, or welfare;
(b) No other person appears to have authority and willingness to act in the circumstances; and
(c) There is reason to believe that a basis for appointment of a guardian under section 15-5-301, Idaho Code, exists.
(2) The duration of authority of an emergency guardian for an adult may not exceed ninety (90) days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian’s authority may be extended once for not more than ninety (90) days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) of this section continue.
(3) Immediately upon filing of a petition for appointment of an emergency guardian for an adult, the court shall appoint an attorney to represent the respondent in the proceeding. Except as otherwise provided in subsection (4) of this section, reasonable notice of the date, time, and place of a hearing on the petition shall be given to the respondent, the respondent’s attorney, and any other person as the court determines.
(4) The court may appoint an emergency guardian for an adult respondent without notice to the respondent and any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent’s physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian without giving notice under subsection (3) of this section, the court shall:
(a) Give notice of the appointment not later than forty-eight (48) hours after the appointment to:
(i) The respondent;
(ii) The respondent’s attorney; and
(iii) Any other person as the court determines; and
(b) Hold a hearing on the appropriateness of the appointment not later than seven (7) days after the appointment.
(5) Appointment of an emergency guardian under this section is not a determination that a basis exists for appointment of a guardian under section 15-5-301, Idaho Code.
(6) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian shall make any report the court requires.
History: