Idaho Code § 15-5-430

PART 4

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

15-5-430. Termination of proceeding. [effective until January 1, 2027] The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedure as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased or that it would be in the best interests of the protected person to establish the conservatorship in another jurisdiction may terminate the conservatorship and, where appropriate, order initiation of proceedings in another jurisdiction or delivery of the assets to a foreign conservator as set forth in chapters 9, 10 and/or 11, title 15, Idaho Code. Upon termination, title to assets of the estate passes to the former protected person or to his successor subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected person or his successors, to evidence the transfer.

15-5-430. REMOVAL OF CONSERVATOR — APPOINTMENT OF SUCCESSOR. [effective January 1, 2027] (1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.

(2) The court shall hold a hearing to determine whether to remove a conservator and appoint a successor upon:

(a) Petition of the individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual subject to conservatorship that contains allegations that, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;

(b) Communication from the individual subject to conservatorship, the conservator, or a person interested in the welfare of the individual subject to conservatorship that supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or

(c) Determination by the court that a hearing would be in the best interest of the individual subject to conservatorship.

(3) Notice of a petition under subsection (2)(a) of this section shall be given to the individual subject to conservatorship, the conservator, and any other person as the court determines.

(4) An individual subject to conservatorship who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the individual subject to conservatorship in this matter. If the individual subject to conservatorship is not represented by an attorney, the court may, in the discretion of the court, appoint an attorney under the same conditions as in section 15-5-406, Idaho Code. The court shall award reasonable attorney's fees to the attorney as provided in section 15-5-119, Idaho Code.

(5) In selecting a successor conservator, the court shall follow the priorities under section 15-5-410, Idaho Code.

(6) Not later than thirty (30) days after appointing a successor conservator, the successor conservator shall give notice of the appointment to the individual subject to conservatorship and any person entitled to notice under section 15-5-411(5), Idaho Code, or a subsequent order.

History:

[15-5-430, added 1971, ch. 111, sec. 1, p. 233; am. 2006, ch. 182, sec. 3, p. 566; repealed and added 2026, ch. 79, sec. 6, p. 382.]