Idaho: Do I Automatically Become Guardian of the Estate if Appointed Guardian of the Person? | Idaho Estate Planning | FastCounsel
ID Idaho

Idaho: Do I Automatically Become Guardian of the Estate if Appointed Guardian of the Person?

Detailed Answer

Short answer: In Idaho, being appointed guardian of the person does not automatically make you the guardian of the estate. The court separately appoints authority over personal-care decisions (guardian of the person) and authority over money and property (a conservator or guardian of the estate). If you need authority over both, you must be appointed to both roles by the court.

What Idaho law says

Idaho separates decision-making about a person’s personal care from decision-making about that person’s property and finances. The statutory framework for guardianships and conservatorships is found in Idaho’s probate statutes (Title 15, Chapter 5). The court may appoint a guardian to make health, placement, and daily-living decisions, and it may appoint a conservator (often called a guardian of the estate) to manage assets, pay bills, and handle financial affairs. See Idaho Code, Title 15, Chapter 5: Guardians and Conservators: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH5/.

Why the roles are separate

  • Different functions: The guardian of the person handles medical care, residence, and daily needs. The conservator/guardian of the estate handles bank accounts, bills, investments, and property transactions.
  • Different court procedures and safeguards: The court evaluates each appointment separately, and the person appointed to manage finances commonly must post a bond, file inventories, and provide periodic accounting to the court.
  • Conflict avoidance: Separating roles reduces conflicts of interest and allows the court to tailor authority to the needs of the protected person.

How to get authority over the estate if you already are guardian of the person

  1. Review the existing court order. The order appointing a guardian of the person should show whether the court also named a conservator or guardian of the estate. If the order only names a guardian of the person, that order does not give you authority to handle financial affairs.
  2. File a petition for appointment as conservator (guardian of the estate). You must petition the court for the separate appointment that authorizes management of assets and finances.
  3. Provide required notices and documents. Idaho law requires notice to certain relatives and interested persons and typically a physician’s or qualified evaluator’s report about the ward’s incapacity. You will need to disclose the person’s assets and propose whether a bond is required.
  4. Attend the hearing. The court will consider evidence, the best interests of the protected person, and any objections before deciding whether to appoint you as conservator or appoint someone else.
  5. If appointed, obtain letters and comply with post-appointment duties. After appointment the court issues letters of conservatorship/letters of guardianship of the estate; you will then be authorized to manage financial affairs subject to bonding, accounting, and reporting rules.

Practical points and common requirements

  • Bond and accounting: Conservators often must post a bond and file inventories and periodic accountings with the court. The court decides bond size based on asset value and risk. See the conservatorship provisions in Idaho’s probate code for details: Idaho Code, Title 15, Chapter 5.
  • Emergency or temporary orders: In urgent situations the court can enter temporary orders for either personal or estate protection, but temporary authority is still distinct for person vs. estate and expires as the court limits specify.
  • Combined appointment: The court can appoint the same person to both roles if it finds that arrangement is in the protected person’s best interest and there is no conflict. Even then, the court must make the separate findings and enter an order that grants both sets of powers.
  • Fiduciary duties: Both roles carry fiduciary duties. A conservator must manage assets prudently and in the protected person’s best interest; failure to follow duties can lead to removal and liability.

When you might not need a conservator

If the protected person has a durable power of attorney or joint accounts that already allow someone to manage finances, the court may not need to appoint a conservator. However, a power of attorney may be invalid if the principal is already legally incapacitated depending on the document terms and timing, so check carefully and consult an attorney if the situation is unclear.

Key steps to take right now

  • Carefully read the guardianship order you were given. It will state the powers you have.
  • If you need to manage money or property, file a petition for conservatorship (guardian of the estate) in the probate court that handled the guardianship case.
  • Prepare documentation of assets, proposed bond, and the medical evidence of incapacity the court will require.
  • Consider talking to a probate attorney before filing—financial duties carry real legal risks.

Helpful Hints

  • Check the exact wording of the court order — authority is defined by the judge’s order.
  • Search Idaho Code Title 15, Chapter 5 for the governing statutes: https://legislature.idaho.gov/statutesrules/idstat/Title15/T15CH5/.
  • Expect to post a bond and file inventories/accountings if you become conservator; gather bank statements, deeds, investment statements, and a list of recurring bills before filing.
  • If the person has a valid power of attorney executed before incapacity, consult the document and an attorney — it may avoid the need for a conservatorship.
  • Keep detailed records of all financial transactions and decisions. Courts require clear, contemporaneous records.
  • Get legal help when large estates, contested appointments, or potential conflicts exist. Courts take fiduciary breaches seriously.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws change and facts matter; consult a licensed Idaho attorney or the probate court for advice tailored to your situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.