Idaho Code § 15-5-314

PART 3

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

15-5-314. Compensation and expenses. [effective until January 1, 2027] (1) If not otherwise compensated for services rendered or expenses incurred, any visitor, guardian ad litem, physician, guardian, or temporary guardian appointed in a protective proceeding is entitled to reasonable compensation from the estate for services rendered and expenses incurred in such status, including for services rendered and expenses incurred prior to the actual appointment of said guardian or temporary guardian which were reasonably related to the proceedings. If any person brings or defends any guardianship proceeding in good faith, whether successful or not, he or she is entitled to receive from the estate his or her necessary expenses and disbursements including reasonable attorney's fees incurred in such proceeding. If the estate is inadequate to bear any of the reasonable compensation, fees, and/or costs referenced in this section, the court may apportion the reasonable compensation, fees, and/or costs to any party, or among the parties, as the court deems reasonable.

(2) If court visitor services are provided by court personnel, any moneys recovered shall be collected through the clerk of the district court of the county in which the appointment was made and the clerk shall pay the moneys to the state treasurer for deposit in the guardianship and conservatorship project fund established by section 31-3201G, Idaho Code.

15-5-314. POWERS OF GUARDIAN FOR ADULT. [effective January 1, 2027] (1) Except as limited by court order, a guardian for an adult subject to guardianship may:

(a) Apply for and receive funds and benefits for the support of the adult subject to guardianship, unless a conservator is appointed for the adult subject to guardianship and the application or receipt is within the powers of the conservator;

(b) Unless inconsistent with a court order, establish the adult subject to guardianship's place of dwelling;

(c) Consent to health care or other care, treatment, or service for the adult subject to guardianship;

(d) If a conservator for the adult subject to guardianship has not been appointed, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel another person to support the adult subject to guardianship or pay funds for the adult subject to guardianship's benefit;

(e) To the extent reasonable, delegate to the adult subject to guardianship responsibility for a decision affecting the adult subject to guardianship's well-being; and

(f) Receive personally identifiable health care information regarding the adult subject to guardianship.

(2) The court by specific order may authorize a guardian for an adult subject to guardianship to consent to the adoption of the adult subject to guardianship.

(3) The court by specific order may authorize a guardian for an adult subject to guardianship to:

(a) Consent or withhold consent to the marriage of the adult subject to guardianship if the adult subject to guardianship's right to marry has been removed under section 15-5-310, Idaho Code;

(b) Petition for divorce, dissolution, or annulment of marriage of the adult subject to guardianship or a declaration of invalidity of the adult subject to guardianship's marriage; or
ct to guardianship to:

(a) Consent or withhold consent to the marriage of the adult subject to guardianship if the adult subject to guardianship's right to marry has been removed under section 15-5-310, Idaho Code;

(b) Petition for divorce, dissolution, or annulment of marriage of the adult subject to guardianship or a declaration of invalidity of the adult subject to guardianship's marriage; or

(c) Support or oppose a petition for divorce, dissolution, or annulment of marriage of the adult subject to guardianship or a declaration of invalidity of the adult subject to guardianship's marriage.

(4) In determining whether to authorize a power under subsection (2) or (3) of this section, the court shall consider whether the underlying act would be in accordance with the adult subject to guardianship's preferences, values, and prior directions and whether the underlying act would be in the adult subject to guardianship's best interest.

(5) In exercising a guardian's power under subsection (1)(b) of this section to establish the adult subject to guardianship's place of dwelling, the guardian shall:

(a) Select a residential setting the guardian believes the adult subject to guardianship would select if the adult subject to guardianship were able, in accordance with the decision-making standard in section 15-5-313(4) and (5), Idaho Code. If the guardian does not know and cannot reasonably determine what setting the adult subject to guardianship probably would choose 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 choose in accordance with section 15-5-313(5), Idaho Code, a residential setting that is consistent with the adult subject to guardianship's best interest;

(b) In selecting among residential settings, give priority to a residential setting in a location that will allow the adult subject to guardianship to interact with persons important to the adult subject to guardianship and meet the adult subject to guardianship's needs in the least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making standard in section 15-5-313(4) and (5), Idaho Code;

(c) No later than fourteen (14) days after a change in the dwelling of the adult subject to guardianship:

(i) Give notice of the change to the court, the adult subject to guardianship, and any person identified as entitled to the notice in the court order appointing the guardian or a subsequent order; and

(ii) Include in the notice the address and nature of the new dwelling and state whether the adult subject to guardianship received advance notice of the change and whether the adult subject to guardianship objected to the change;

(d) Establish or move the permanent place of dwelling of the adult subject to guardianship to a nursing home, mental health facility, or other facility that places restrictions on the adult subject to guardianship's ability to leave or have visitors only if:

(i) The establishment or move is in the guardian's plan under section 15-5-316, Idaho Code;

(ii) The court authorizes the establishment or move; or

(iii) The guardian gives notice of the establishment or move at least fourteen (14) days before the establishment or move to the adult subject to guardianship and all persons entitled to notice under section 15-5-310(5)(b), Idaho Code, or a subsequent order, and no objection is filed;

(e) Establish or move the place of dwelling of the adult subject to guardianship outside this state only if consistent with the guardian's plan and authorized by the court by specific order; and

(f) Take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult subject to guardianship only if:
ho Code, or a subsequent order, and no objection is filed;

(e) Establish or move the place of dwelling of the adult subject to guardianship outside this state only if consistent with the guardian's plan and authorized by the court by specific order; and

(f) Take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult subject to guardianship only if:

(i) The action is specifically included in the guardian's plan under section 15-5-316, Idaho Code;

(ii) The court authorizes the action by specific order; or

(iii) Notice of the action was given at least fourteen (14) days before the action to the adult subject to guardianship and all persons entitled to the notice under section 15-5-310(5)(b), Idaho Code, or a subsequent order and no objection has been filed.

(6) In exercising a guardian's power under subsection (1)(c) of this section to make health care decisions, the guardian shall:

(a) Involve the adult subject to guardianship in decision-making to the extent reasonably feasible, including, when practicable, by encouraging and supporting the adult subject to guardianship in understanding the risks and benefits of health care options;

(b) Defer to a decision by an agent under a medical directive executed by the adult subject to guardianship and cooperate to the extent feasible with the agent making the decision; and

(c) Take into account:

(i) The risks and benefits of treatment options; and

(ii) The current and previous wishes and values of the adult subject to guardianship, if known or reasonably ascertainable by the guardian.

History:

[15-5-314, added 2002, ch. 215, sec. 1, p. 594; am. 2014, ch. 164, sec. 3, p. 461; repealed and added 2026, ch. 79, sec. 5, p. 357.]