What Steps Are Needed to Seek Guardianship or Conservatorship in Idaho?
Detailed Answer
This article explains how to petition the Idaho court for guardianship of an adult who lacks capacity or conservatorship of their estate. This is not legal advice; consult an attorney for your situation.
1. Determine Need and Type of Appointment
Idaho separates authority over personal decisions (guardianship) from control of assets (conservatorship). A guardian handles personal care, medical decisions, and living arrangements. A conservator manages finances, pays bills, and safeguards assets.
2. Obtain Medical or Psychological Evaluation
Idaho Code §15-5-209 requires a licensed physician or psychologist to evaluate the proposed ward’s capacity. The report must describe the individual’s functional limitations and support the need for court intervention. Embed this medical affidavit with your petition.
3. File Petition with the Probate Court
File a petition in the district court of the county where the proposed ward lives. Guardianship petitions follow Idaho Code §15-5-201 (see https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch5/). Conservatorship petitions follow Idaho Code §15-6-201 (see https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch6/).
- Name the proposed ward, petitioner, and proposed guardian or conservator.
- State the relationship and interest in petitioning.
- Attach the medical evaluation.
- Specify the powers requested (limited or full).
4. Provide Notice and Serve Interested Parties
Under Idaho Code §15-5-202, serve the petition and hearing notice on the proposed ward, spouse, nearest relatives, and any court-appointed guardian ad litem. Proof of service must be filed before the hearing.
5. Court-Appointed Counsel and Guardian ad Litem
The court may appoint an attorney for the proposed ward and a guardian ad litem to investigate. The guardian ad litem interviews the ward, reviews records, and files a report recommending whether guardianship or conservatorship is appropriate.
6. Attend the Hearing
At the evidentiary hearing, present testimony from the medical evaluator and witnesses. Demonstrate incapacity and the proposed guardian’s or conservator’s fitness. The court may question the ward directly.
7. Court’s Decision and Letters of Appointment
If the court finds clear and convincing evidence of incapacity, it issues an order appointing a guardian or conservator. The court clerk issues Letters of Guardianship or Letters of Conservatorship, which you use to exercise authority.
8. Ongoing Duties and Reporting
Guardians and conservators must file annual reports and accountings under Idaho Code §15-5-315 (https://legislature.idaho.gov/statutesrules/idstat/title15/t15ch5/). Reports detail care plans, receipts, disbursements, and status of the ward.
Helpful Hints
- Gather medical records early to support the petition.
- Consider less restrictive alternatives, such as power of attorney, when capacity is partial.
- Prepare a clear inventory of assets if seeking conservatorship.
- Consult a local probate or elder law attorney for guidance.
- Attend local court orientation for guardians and conservators.
- Keep detailed records of all guardianship or conservatorship actions.