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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 4
PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]
15-5-413. Acceptance of appointment — Consent to jurisdiction. [effective until January 1, 2027] By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at his address as listed in the petition for appointment or as thereafter reported to the court and to his address as then known to the petitioner.
15-5-413. emergency conservator. [effective January 1, 2027] (1) On its own, or upon petition by a person interested in a respondent’s welfare after a petition has been filed under section 15-5-402, Idaho Code, the court may appoint an emergency conservator for the respondent if the court finds:
(a) Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the respondent’s property or financial interests;
(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 conservator under section 15-5-401, Idaho Code, exists.
(2) The duration of authority of an emergency conservator may not exceed ninety (90) days, and the emergency conservator may exercise only the powers specified in the order of appointment. The emergency conservator’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 conservator under subsection (1) of this section continue.
(3) Immediately upon filing of a petition for an emergency conservator, the court may, in the discretion of the court, 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 conservator 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 property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency conservator without giving notice under subsection (3) of this section, the court shall give notice of the appointment not later than forty-eight (48) hours after the appointment to:
(a) The respondent;
(b) The respondent’s attorney; and
(c) Any other person as the court determines.
(5) Not later than seven (7) days after the appointment, the court shall hold a hearing on the appropriateness of the appointment.
(6) Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under section 15-5-401, Idaho Code.
(7) The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
History: