Idaho Code § 15-5-411

PART 4

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]

15-5-411. Bond. [effective until January 1, 2027] The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in his control plus one (1) year's estimated income minus the value of securities deposited under arrangements requiring an order by the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. The court in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.

15-5-411. ORDER OF APPOINTMENT OF CONSERVATOR. [effective January 1, 2027] (1) A court order appointing a conservator for a minor shall include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor.

(2) A court order appointing a conservator for an adult respondent shall:

(a) Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative, including use of appropriate supportive services, technological assistance, or supported decision-making; and

(b) Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition.

(3) A court order establishing a full conservatorship for an individual subject to conservatorship shall state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the individual subject to conservatorship.

(4) A court order establishing a limited conservatorship shall state the specific property placed under the control of the conservator and the powers granted to the conservator.

(5) The court, as part of an order establishing a conservatorship, shall identify any person that subsequently is entitled to:

(a) Notice of the rights of the individual subject to conservatorship under section 15-5-412(2), Idaho Code;

(b) Notice of a sale of or surrender of a lease to the primary dwelling of the individual subject to conservatorship;

(c) Notice that the conservator has delegated a power that requires court approval under section 15-5-414, Idaho Code, or substantially all powers of the conservator;

(d) Notice that the conservator will be unavailable to perform the conservator's duties for more than one (1) month;

(e) A copy of the conservator's plan under section 15-5-419, Idaho Code, and the conservator's report under section 15-5-423, Idaho Code;

(f) Access to court records relating to the conservatorship;

(g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;

(h) Notice of the death or significant change in the condition of the individual subject to conservatorship;

(i) Notice that the court has limited or modified the powers of the conservator; and
, Idaho Code;

(f) Access to court records relating to the conservatorship;

(g) Notice of a transaction involving a substantial conflict between the conservator's fiduciary duties and personal interests;

(h) Notice of the death or significant change in the condition of the individual subject to conservatorship;

(i) Notice that the court has limited or modified the powers of the conservator; and

(j) Notice of the removal of the conservator.

(6) If an individual subject to conservatorship is an adult, the spouse and adult children of the individual subject to conservatorship are entitled under subsection (5) of this section to notice unless the court determines notice would be contrary to the preferences or prior directions of the individual subject to conservatorship or not in the best interest of the individual subject to conservatorship.

(7) If the individual subject to conservatorship is a minor, each parent and adult sibling of the minor is entitled under subsection (5) of this section to notice unless the court determines notice would not be in the best interest of the minor.

History:

[15-5-411, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 6, p. 370.]