Idaho Code § 15-5-102
This is the official text of Idaho Code § 15-5-102, part of Idaho’s Code — part of the compiled statutory law of Idaho, published by the state as "Code." Browse the sections below, each linked to its official government source.
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15-5-102 DEFINITIONS.
Official statutory text
PART 1
GENERAL PROVISIONS
15-5-102. Jurisdiction of subject matter — Consolidation of proceedings. [effective until january 1, 2027] When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
15-5-102. definitions. [effective january 1, 2027] As used in this chapter:
(1) "Adult" means an individual at least eighteen (18) years of age or an emancipated individual under eighteen (18) years of age.
(2) "Adult subject to conservatorship" means an adult for whom a conservator has been appointed under this chapter.
(3) "Adult subject to guardianship" means an adult for whom a guardian has been appointed under this chapter.
(4) "Advance care planning document," "advance directive," "directive," or "health care directive" means a document as defined in section 39-4502(1), Idaho Code.
(5) "Artificial life-sustaining procedures" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include the performance of any medical procedure deemed necessary to alleviate pain or any procedure that could be expected to result in the recovery or long-term survival of the patient and his restoration to consciousness.
(6) "Claim" includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise.
(7) "Conservator" means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. The term includes a co-conservator.
(8) "Conservatorship estate" means the property subject to conservatorship under this chapter.
(9) "De facto custodian" means a person who has either been appointed as the de facto custodian pursuant to section 32-1705, Idaho Code, or if not appointed, has been the primary caregiver for, and primary financial supporter of, a child who, prior to the filing of a petition for guardianship, has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older.
(10) "Developmental disability" is as defined in section 66-402(4), Idaho Code.
(11) "Developmental disability evaluation committee" or "DD evaluation committee" means an interdisciplinary team of at least three (3) individuals designated by the director of the department of health and welfare or his designee to evaluate an individual as required by the provisions of this chapter. Each committee must include a physician licensed to practice medicine in the state of Idaho, a licensed social worker or a licensed professional counselor, and a clinical psychologist or such other individual who has a master's degree in psychology as designated by the department director. A licensed independent practitioner may be used instead of a physician. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.
(12) "Full conservatorship" means a conservatorship that grants the conservator all powers available under this chapter.
(13) "Full guardianship" means a guardianship that grants the guardian all powers available under this chapter.
(14) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem.
(15) "Guardian ad litem" means a person appointed to inform the court about, and to represent, the needs and best interest of an individual.
(16) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter.
th respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem.
(15) "Guardian ad litem" means a person appointed to inform the court about, and to represent, the needs and best interest of an individual.
(16) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter.
(17) "Individual subject to guardianship" means an adult or minor for whom a guardian has been appointed under this chapter.
(18) "Less restrictive alternative" means an approach to meeting an individual's needs that restricts fewer rights of the individual than would the appointment of a guardian or conservator. The term includes supported decision-making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a medical directive or power of attorney for finances.
(19) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act. The term includes letters of guardianship and letters of conservatorship.
(20) "Licensed independent practitioner" or "LIP" means:
(a) An individual licensed as a physician or physician assistant pursuant to chapter 18, title 54, Idaho Code; or
(b) A person licensed as an advanced practice registered nurse pursuant to chapter 14, title 54, Idaho Code.
(21) "Limited conservatorship" means a conservatorship that grants the conservator less than all powers available under this chapter, grants powers over only certain property, or otherwise restricts the powers of the conservator.
(22) "Limited guardianship" means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.
(23) "Manage financial resources" means the actions necessary to obtain, administer, and dispose of real, personal, intangible or business property, benefits, or income.
(24) "Minor" means an unemancipated individual under eighteen (18) years of age.
(25) "Minor subject to conservatorship" means a minor for whom a conservator has been appointed under this chapter.
(26) "Minor subject to guardianship" means a minor for whom a guardian has been appointed under this chapter.
(27) "Parent" does not include an individual whose parental rights have been terminated.
(28) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(29) "Property" includes tangible and intangible property.
(30) "Protective arrangement instead of conservatorship" means a court order entered under section 15-5-503, Idaho Code.
(31) "Protective arrangement instead of guardianship" means a court order entered under section 15-5-502, Idaho Code.
(32) "Protective arrangement under part 5" means a court order entered under section 15-5-502 or 15-5-503, Idaho Code.
(33) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(34) "Respondent" means an individual for whom appointment of a guardian or conservator is sought or a protective arrangement instead of guardianship or conservatorship is sought.
(35) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(34) "Respondent" means an individual for whom appointment of a guardian or conservator is sought or a protective arrangement instead of guardianship or conservatorship is sought.
(35) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(36) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes federally recognized Indian tribes.
(37) "Supported decision-making" means assistance from one (1) or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes.
History:
[15-5-102, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 3, p. 329.]
GENERAL PROVISIONS
15-5-102. Jurisdiction of subject matter — Consolidation of proceedings. [effective until january 1, 2027] When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.
15-5-102. definitions. [effective january 1, 2027] As used in this chapter:
(1) "Adult" means an individual at least eighteen (18) years of age or an emancipated individual under eighteen (18) years of age.
(2) "Adult subject to conservatorship" means an adult for whom a conservator has been appointed under this chapter.
(3) "Adult subject to guardianship" means an adult for whom a guardian has been appointed under this chapter.
(4) "Advance care planning document," "advance directive," "directive," or "health care directive" means a document as defined in section 39-4502(1), Idaho Code.
(5) "Artificial life-sustaining procedures" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include the performance of any medical procedure deemed necessary to alleviate pain or any procedure that could be expected to result in the recovery or long-term survival of the patient and his restoration to consciousness.
(6) "Claim" includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise.
(7) "Conservator" means a person appointed by a court to make decisions with respect to the property or financial affairs of an individual subject to conservatorship. The term includes a co-conservator.
(8) "Conservatorship estate" means the property subject to conservatorship under this chapter.
(9) "De facto custodian" means a person who has either been appointed as the de facto custodian pursuant to section 32-1705, Idaho Code, or if not appointed, has been the primary caregiver for, and primary financial supporter of, a child who, prior to the filing of a petition for guardianship, has resided with the person for a period of six (6) months or more if the child is under three (3) years of age and for a period of one (1) year or more if the child is three (3) years of age or older.
(10) "Developmental disability" is as defined in section 66-402(4), Idaho Code.
(11) "Developmental disability evaluation committee" or "DD evaluation committee" means an interdisciplinary team of at least three (3) individuals designated by the director of the department of health and welfare or his designee to evaluate an individual as required by the provisions of this chapter. Each committee must include a physician licensed to practice medicine in the state of Idaho, a licensed social worker or a licensed professional counselor, and a clinical psychologist or such other individual who has a master's degree in psychology as designated by the department director. A licensed independent practitioner may be used instead of a physician. Each committee member must be specially qualified by training and experience in the diagnosis and treatment of persons with a developmental disability.
(12) "Full conservatorship" means a conservatorship that grants the conservator all powers available under this chapter.
(13) "Full guardianship" means a guardianship that grants the guardian all powers available under this chapter.
(14) "Guardian" means a person appointed by the court to make decisions with respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem.
(15) "Guardian ad litem" means a person appointed to inform the court about, and to represent, the needs and best interest of an individual.
(16) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter.
th respect to the personal affairs of an individual. The term includes a co-guardian but does not include a guardian ad litem.
(15) "Guardian ad litem" means a person appointed to inform the court about, and to represent, the needs and best interest of an individual.
(16) "Individual subject to conservatorship" means an adult or minor for whom a conservator has been appointed under this chapter.
(17) "Individual subject to guardianship" means an adult or minor for whom a guardian has been appointed under this chapter.
(18) "Less restrictive alternative" means an approach to meeting an individual's needs that restricts fewer rights of the individual than would the appointment of a guardian or conservator. The term includes supported decision-making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a medical directive or power of attorney for finances.
(19) "Letters of office" means a record issued by a court certifying a guardian's or conservator's authority to act. The term includes letters of guardianship and letters of conservatorship.
(20) "Licensed independent practitioner" or "LIP" means:
(a) An individual licensed as a physician or physician assistant pursuant to chapter 18, title 54, Idaho Code; or
(b) A person licensed as an advanced practice registered nurse pursuant to chapter 14, title 54, Idaho Code.
(21) "Limited conservatorship" means a conservatorship that grants the conservator less than all powers available under this chapter, grants powers over only certain property, or otherwise restricts the powers of the conservator.
(22) "Limited guardianship" means a guardianship that grants the guardian less than all powers available under this chapter or otherwise restricts the powers of the guardian.
(23) "Manage financial resources" means the actions necessary to obtain, administer, and dispose of real, personal, intangible or business property, benefits, or income.
(24) "Minor" means an unemancipated individual under eighteen (18) years of age.
(25) "Minor subject to conservatorship" means a minor for whom a conservator has been appointed under this chapter.
(26) "Minor subject to guardianship" means a minor for whom a guardian has been appointed under this chapter.
(27) "Parent" does not include an individual whose parental rights have been terminated.
(28) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.
(29) "Property" includes tangible and intangible property.
(30) "Protective arrangement instead of conservatorship" means a court order entered under section 15-5-503, Idaho Code.
(31) "Protective arrangement instead of guardianship" means a court order entered under section 15-5-502, Idaho Code.
(32) "Protective arrangement under part 5" means a court order entered under section 15-5-502 or 15-5-503, Idaho Code.
(33) "Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(34) "Respondent" means an individual for whom appointment of a guardian or conservator is sought or a protective arrangement instead of guardianship or conservatorship is sought.
(35) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(34) "Respondent" means an individual for whom appointment of a guardian or conservator is sought or a protective arrangement instead of guardianship or conservatorship is sought.
(35) "Sign" means, with present intent to authenticate or adopt a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an electronic symbol, sound, or process.
(36) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes federally recognized Indian tribes.
(37) "Supported decision-making" means assistance from one (1) or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes.
History:
[15-5-102, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 3, p. 329.]
Status: in_force · Read it on the official government site
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