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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]
15-5-315. Guardian ad litem — Duties. [effective until January 1, 2027] Subject to the direction of the court, the guardian ad litem shall have the following duties, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first:
(1) To conduct an independent factual investigation of the circumstances of the ward including, without limitation, the circumstances described in the petition;
(2) To file with the court a written report stating the results of the investigation, the guardian ad litem’s recommendations, and such other information as the court may require. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case, at least five (5) days before the date set for the adjudicatory hearing;
(3) To act as an advocate for the ward for whom appointed at each stage of the proceedings under this chapter and to be charged with the general representation of the ward. To that end, the guardian ad litem shall participate fully in the proceedings to the degree necessary to adequately represent the ward, and shall be entitled to confer with the ward and the ward’s immediate family including, but not limited to, spouse, parents, siblings, children and next of kin;
(4) To facilitate and negotiate to ensure that the court, the department of health and welfare, if applicable, and the ward’s attorney, if any, each fulfill their obligations to the ward in a timely fashion;
(5) To monitor the circumstances of a ward, if the ward is found to be within the purview of this chapter, to assure compliance with the law, and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the ward;
(6) To meet any parent or other person having legal or physical custody of the ward, record the concerns of the parent, and report them to the court or, if no such meeting occurs, file an affidavit stating why no meeting occurred;
(7) To maintain all information regarding the case confidential and to not disclose such information except to the court or to other parties to the case;
(8) To determine whether existing powers, trusts, and other measures may adequately give the ward the legal protection otherwise provided by a guardian, or whether such powers, trusts or other measures could be reasonably created and, if so, to recommend that either no guardianship be granted or that only a suitably limited guardianship be granted; and
(9) To exercise such other and further duties as may be expressly imposed by court order.
15-5-315. SPECIAL LIMITATIONS ON GUARDIAN’S POWER. [effective January 1, 2027] (1) Unless authorized by the court by specific order, a guardian for an adult subject to guardianship does not have the power to revoke or amend a medical directive or power of attorney for finances executed by the adult subject to guardianship. If a medical directive is in effect, unless there is a court order to the contrary, a health care decision of an agent takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible. If a power of attorney for finances is in effect, unless there is a court order to the contrary, a decision by the agent that the agent is authorized to make under the power of attorney for finances takes precedence over that of the guardian and the guardian shall cooperate with the agent to the extent feasible.
(2) A guardian for an adult subject to guardianship may not initiate the commitment of the adult subject to guardianship to a mental health facility except in accordance with the state’s procedure for involuntary civil commitment.
(3) A guardian for an adult subject to guardianship may not restrict the ability of the adult subject to guardianship to communicate, visit, or interact with others, including receiving visitors and making or receiving telephone calls, personal mail, or electronic communications, including through social media, or participating in social activities, unless:
(a) Authorized by the court by specific order;
(b) A protective order or a protective arrangement instead of guardianship is in effect that limits contact between the adult subject to guardianship and a person; or
(c) The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult subject to guardianship and the restriction is:
(i) For a period of not more than seven (7) business days if the person has a family or preexisting social relationship with the adult subject to guardianship; or
(ii) For a period of not more than sixty (60) days if the person does not have a family or preexisting social relationship with the adult subject to guardianship.
(4) Except as otherwise provided in subsection (5) of this section, a guardian appointed for a person with a developmental disability shall have no authority to refuse or withhold consent for medically necessary treatment when the effect of withholding such treatment would seriously endanger the life or health and well-being of the individual subject to guardianship. To withhold or attempt to withhold consent for such treatment may be cause for removal of the guardian. Except as otherwise provided in subsection (8) of this section, no health care provider or caregiver shall, based on such guardian’s direction or refusal to consent to care, withhold or withdraw such treatment for the individual subject to guardianship. If the health care provider cannot obtain valid consent for such medically necessary treatment from the guardian, the health care provider or caregiver shall provide the medically necessary treatment as authorized by section 39-4504(1)(i), Idaho Code.
(5) A guardian appointed for a person with a developmental disability may consent to withholding or withdrawing treatment other than appropriate nutrition or hydration to the individual subject to guardianship, and a health care provider may withhold or withdraw such treatment in reliance on such consent, when in the reasonable medical judgment of the treating licensed independent practitioner, as defined in section 39-4502(13), Idaho Code, any of the following circumstances apply:
(a) The attending licensed independent practitioner and at least one (1) other licensed independent practitioner certifies that the individual subject to guardianship is chronically and irreversibly comatose;
(b) The treatment would merely prolong dying, would not be effective in ameliorating or correcting all of the individual subject to guardianship’s life-threatening conditions, or would otherwise be futile in terms of the survival of the individual subject to guardianship; or
(c) The treatment would be virtually futile in terms of the survival of the individual subject to guardianship and would be inhumane under such circumstances.
(6) Any person who has information that medically necessary treatment of a individual subject to guardianship has been withheld or withdrawn in violation of this section may report such information to adult protective services or to the Idaho protection and advocacy system for people with developmental disabilities, which shall have the authority to investigate the report and in appropriate cases to seek a court order to ensure that medically necessary treatment is provided. If adult protective services or the protection and advocacy system determines that the withholding of medical treatment violates the provisions of this section, it may petition the court for an ex parte order to provide or continue the medical treatment in question. If the court finds, based on affidavits or other evidence, that there is probable cause to believe that the withholding of medical treatment in a particular case violates the provisions of this section, and that the life or health of the individual subject to guardianship is endangered thereby, the court shall issue an ex parte order to continue or to provide the treatment until such time as the court can hear evidence from the parties involved. Petitions for court orders under this section shall be expedited by the courts and heard as soon as possible. No bond shall be required of a petitioner under this section.
(7) No partial or total guardian or partial or total conservator appointed under the provisions of this chapter may without specific approval of the court in a proceeding separate from that in which such guardian or conservator was appointed:
(a) Consent to medical or surgical treatment, the effect of which permanently prohibits the conception of children by the individual subject to guardianship unless the treatment or procedures are necessary to protect the physical health of the individual subject to guardianship and would be prescribed for a person who does not have a developmental disability; or
(b) Consent to experimental surgery, procedures, or medications.
(8) Nothing in this section shall affect the rights of a competent person or surrogate decision-maker to withhold or withdraw treatment pursuant to section 39-4514, Idaho Code, unless the person is a respondent as defined in this chapter.
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