Idaho Code § 15-5-313

PART 3

GUARDIANS OF INCAPACITATED PERSONS [EFFECTIVE UNTIL JANUARY 1, 2027] GUARDIANSHIP OF ADULT [EFFECTIVE JANUARY 1, 2027]

15-5-313. Proceedings subsequent to appointment — Venue. [effective until January 1, 2027] (a) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship, including proceedings to limit the authority previously conferred on a guardian, or to remove limitations previously imposed.

(b) If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, if in this state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever may be in the best interest of the ward. A copy of any order accepting a resignation, altering his authority or removing a guardian shall be sent to the court in which acceptance of appointment is filed. If the court in which acceptance of appointment is filed is in another state, the court in this state shall proceed in accordance with chapters 9, 10 and/or 11, title 15, Idaho Code, as appropriate.

15-5-313. DUTIES OF GUARDIAN FOR ADULT. [effective January 1, 2027] (1) A guardian for an adult is a fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health, and welfare of the adult subject to guardianship to the extent necessitated by the adult subject to guardianship's limitations.

(2) A guardian for an adult subject to guardianship shall promote the self-determination of the adult subject to guardianship and, to the extent reasonably feasible, encourage the adult subject to guardianship to participate in decisions, act on the adult subject to guardianship's own behalf, and develop or regain the capacity to manage the adult subject to guardianship's personal affairs. In furtherance of this duty, the guardian shall:

(a) Become or remain personally acquainted with the adult subject to guardianship and maintain sufficient contact with the adult subject to guardianship, including through regular visitation, to know the adult subject to guardianship's abilities, limitations, needs, opportunities, and physical and mental health;

(b) To the extent reasonably feasible, identify the values and preferences of the adult subject to guardianship and involve the adult subject to guardianship in decisions affecting the adult subject to guardianship, including decisions about the adult subject to guardianship's care, dwelling, activities, or social interactions; and

(c) Make reasonable efforts to identify and facilitate supportive relationships and services for the adult subject to guardianship.

(3) A guardian for an adult subject to guardianship at all times shall exercise reasonable care, diligence, and prudence when acting on behalf of or making decisions for the adult subject to guardianship. In furtherance of this duty, the guardian shall:

(a) Take reasonable care of the personal effects, pets, and service or support animals of the adult subject to guardianship and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult subject to guardianship's property;

(b) Expend funds and other property of the adult subject to guardianship received by the guardian for the adult subject to guardianship's current needs for support, care, education, health, and welfare;
dult subject to guardianship and bring a proceeding for a conservatorship or protective arrangement instead of conservatorship if necessary to protect the adult subject to guardianship's property;

(b) Expend funds and other property of the adult subject to guardianship received by the guardian for the adult subject to guardianship's current needs for support, care, education, health, and welfare;

(c) Conserve any funds and other property of the adult subject to guardianship not expended under paragraph (b) of this subsection for the adult subject to guardianship's future needs, but if a conservator has been appointed for the adult subject to guardianship, pay the funds and other property at least quarterly to the conservator to be conserved for the adult subject to guardianship's future needs; and

(d) Monitor the quality of services, including long-term care services, provided to the adult subject to guardianship.

(4) In making a decision for an adult subject to guardianship, the guardian shall make the decision the guardian reasonably believes the adult subject to guardianship would make if the adult subject to guardianship were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult subject to guardianship. To determine the decision the adult subject to guardianship would make if able, the guardian shall consider the adult subject to guardianship's previous or current directions, preferences, opinions, values, and actions, to the extent actually known or reasonably ascertainable by the guardian.

(5) If a guardian for an adult subject to guardianship cannot make a decision under subsection (4) of this section because the guardian does not know and cannot reasonably determine the decision the adult subject to guardianship probably would make if able, or the guardian reasonably believes the decision the adult subject to guardianship would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult subject to guardianship, the guardian shall act in accordance with the best interest of the adult subject to guardianship. In determining the best interest of the adult subject to guardianship, the guardian shall consider:

(a) Information received from professionals and persons that demonstrate sufficient interest in the welfare of the adult subject to guardianship;

(b) Other information the guardian believes the adult subject to guardianship would have considered if the adult subject to guardianship were able to act; and

(c) Other factors a reasonable person in the circumstances of the adult subject to guardianship would consider, including consequences for others.

(6) A guardian for an adult subject to guardianship shall immediately notify the court if the condition of the adult subject to guardianship has changed so that the adult subject to guardianship is capable of exercising rights previously removed.

History:

[15-5-313, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 8, p. 727; am. 2006, ch. 182, sec. 2, p. 565; repealed and added 2026, ch. 79, sec. 5, p. 355.]