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 4

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]

15-5-414.  Compensation and expenses. [effective until January 1, 2027] If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, conservator or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate for services rendered and expenses incurred in such status, including for services rendered and expenses incurred prior to the actual appointment of said conservator or special conservator which were reasonably related to the proceedings. If any person brings or defends any conservatorship proceeding in good faith, whether successful or not, he or she is entitled to receive from the estate his or her necessary expenses and disbursements including reasonable attorney’s fees incurred in such proceeding. If the estate is inadequate to bear any of the reasonable compensation, fees, and/or costs referenced in this section, the court may apportion the reasonable compensation, fees, and/or costs to any party, or among the parties, as the court deems reasonable.

15-5-414.  POWERS OF CONSERVATOR REQUIRING COURT APPROVAL. [effective January 1, 2027] (1) Except as otherwise ordered by the court, a conservator shall give notice to persons entitled to notice under section 15-5-403(4), Idaho Code, and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to:

(a)  Make a gift, except a gift of de minimis value;

(b)  Sell, encumber an interest in, or surrender a lease to the primary dwelling of the individual subject to conservatorship;

(c)  Convey, release, or disclaim a contingent or expectant interest in property, including marital property, and any right of survivorship incident to joint tenancy or tenancy by the entirety or community property with right of survivorship;

(d)  Exercise or release a power of appointment;

(e)  Create a revocable or irrevocable trust of property of the conservatorship estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the individual subject to conservatorship;

(f)  Exercise a right to elect an option or change a beneficiary under an insurance policy or annuity or surrender the policy or annuity for its cash value;

(g)  Exercise a right to an elective share in the estate of a deceased spouse of the individual subject to conservatorship or renounce or disclaim a property interest;

(h)  Grant a creditor priority for payment over creditors of the same or higher class if the creditor is providing property or services used to meet the basic living and care needs of the individual subject to conservatorship and preferential treatment otherwise would be impermissible under section 15-5-428(5), Idaho Code; and

(i)  Acquire an undivided interest in property in which the conservator, in a fiduciary capacity, holds an undivided interest.

(2)  In approving a conservator’s exercise of a power listed in subsection (1) of this section, the court shall consider primarily the decision the individual subject to conservatorship would make if able, to the extent the decision can be ascertained.

(3)  To determine under subsection (2) of this section the decision the individual subject to conservatorship would make if able, the court shall consider the individual subject to conservatorship’s prior or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the conservator. The court also shall consider:

(a)  The financial needs of the individual subject to conservatorship and individuals who are in fact dependent on the individual subject to conservatorship for support, and the interests of creditors of the individual subject to conservatorship;

(b)  Possible reduction of income, estate, inheritance, or other tax liabilities;

(c)  Eligibility for governmental assistance;

(d)  The previous pattern of giving or level of support provided by the individual subject to conservatorship;

(e)  Any existing estate plan or lack of estate plan of the individual subject to conservatorship;

(f)  The life expectancy of the individual subject to conservatorship and the probability the conservatorship will terminate before the individual subject to conservatorship’s death; and

(g)  Any other relevant factor.

(4)  A conservator may not revoke or amend a power of attorney for finances executed by the individual subject to conservatorship. If a power of attorney for finances is in effect, a decision of the agent takes precedence over that of the conservator, unless the court orders otherwise.

History:

[15-5-414, added 1971, ch. 111, sec. 1, p. 233; am. 2002, ch. 215, sec. 2, p. 594; repealed and added 2026, ch. 79, sec. 6, p. 373.]