Idaho Code § 15-5-412

PART 4

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

15-5-412. Terms and requirements of bonds. [effective until January 1, 2027] (a) The following requirements and provisions apply to any bond required under section 15-5-411 of this Part:

(1) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other;

(2) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of any proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner;

(3) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator;

(4) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.

(b) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation.

15-5-412. NOTICE OF ORDER OF APPOINTMENT — RIGHTS. [effective January 1, 2027] (1) A conservator appointed under section 15-5-411, Idaho Code, shall give to the individual subject to conservatorship and to all other persons given notice under section 15-5-403, Idaho Code, a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice shall be given not later than fourteen (14) days after the appointment.

(2) Not later than thirty (30) days after appointment of a guardian under section 15-5-309, Idaho Code, the court shall give to the individual subject to conservatorship, to the guardian, and to any other person entitled to notice under section 15-5-310(5), Idaho Code, or under a subsequent order, a statement of the rights of the individual subject to conservatorship and the procedures to seek relief if the individual subject to conservatorship is denied those rights. The statement shall be communicated:

(a) In a form and manner that is accessible and understandable by the recipient, through the use of assistive technology if necessary;

(b) In plain language; and

(c) To the extent feasible, in a language in which the recipient is proficient.

(3) A statement issued under subsection (2) of this section shall notify the individual subject to conservatorship of the right to:

(a) Seek termination or modification of the conservatorship, or removal of the conservator, and to choose an attorney to represent the individual subject to conservatorship in such matters;

(b) Participate in decision-making to the extent reasonably feasible;

(c) Receive a copy of the conservator's plan under section 15-5-419, Idaho Code, the conservator's inventory under section 15-5-420, Idaho Code, and the conservator's report under section 15-5-423, Idaho Code; and

(d) Object to the conservator's inventory, plan, or report.

(4) If a conservator is appointed pursuant to section 15-5-401(2)(a)(ii), Idaho Code, and the individual subject to conservatorship is missing, notice under this section to the individual subject to conservatorship is not required.

History:

[15-5-412, added 1971, ch. 111, sec. 1, p. 233; repealed and added 2026, ch. 79, sec. 6, p. 371.]