Idaho Code § 15-5-203

PART 2

GUARDIANS OF MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF MINOR [EFFECTIVE JANUARY 1, 2027]

15-5-203. Objection by minor of fourteen years or older to testamentary appointment. [effective until January 1, 2027] A minor of fourteen (14) or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty (30) days after notice of its acceptance. An objection may be withdrawn. In the event of such objection, the alternate guardian next in priority named in the will may accept appointment as set forth in section 15-5-202, Idaho Code, and the minor shall have the same right of objection. An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable person.

15-5-203. NOTICE OF HEARING FOR APPOINTMENT OF GUARDIAN FOR MINOR. [EFFECTIVE JANUARY 1, 2027] (1) If a petition is filed under section 15-5-202, Idaho Code, the court shall schedule a hearing and the petitioner shall:

(a) Serve notice of the date, time, and place of the hearing, together with a copy of the petition, personally on each of the following that is not the petitioner:

(i) The minor, if the minor will be twelve (12) years of age or older at the time of the hearing;

(ii) Each parent of the minor or, if there is none, the adult nearest in kinship who can be found with reasonable diligence;

(iii) Any adult with whom the minor resides;

(iv) Each person that had primary care or custody of the minor for at least sixty (60) days during the two (2) years immediately before the filing of the petition or for at least seven hundred thirty (730) days during the five (5) years immediately before the filing of the petition; and

(v) Any other person the court determines should receive personal service of notice; and

(b) Give notice under section 15-5-113, Idaho Code, of the date, time, and place of the hearing, together with a copy of the petition, to:

(i) Any person nominated as guardian by the minor, if the minor is twelve (12) years of age or older;

(ii) Any nominee of a parent;

(iii) Each grandparent and adult sibling of the minor;

(iv) Any guardian or conservator acting for the minor in any jurisdiction; and

(v) Any other person as the court determines.

(2) Notice required by subsection (1) of this section shall include a statement of the right to request appointment of an attorney for the minor or to object to appointment of a guardian and a description of the nature, purpose, and consequences of appointment of a guardian.

(3) The court may not grant a petition for guardianship of a minor if notice substantially complying with subsection (1)(a) of this section is not served on:

(a) The minor, if the minor is twelve (12) years of age or older; and

(b) Each parent of the minor, unless the court finds by clear and convincing evidence that the parent cannot with due diligence be located and served or the parent waived, in a record, the right to notice.

(4) If a petitioner is unable to serve notice under subsection (1)(a) of this section on a parent of a minor or alleges that the parent waived, in a record, the right to notice under this section, the court shall appoint a visitor who shall:

(a) Interview the petitioner and the minor;

(b) If the petitioner alleges the parent cannot be located, ascertain whether the parent cannot be located with due diligence; and

(c) Investigate any other matter relating to the petition as the court directs.

History:

[15-5-203, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 18, p. 510; am. 2014, ch. 287, sec. 2, p. 728; repealed and added 2026, ch. 79, sec. 4, p. 343.]