Idaho Code § 15-5-433

PART 4

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

15-5-433. Provisions for conservator of minor from age eighteen to age twenty-one. [effective until January 1, 2027] If so stated in the order appointing such conservator, or in any supplemental order entered prior to the time the minor reaches the age of eighteen (18) years, the conservator for a minor (said minor being hereinafter referred to as the "protected person") shall act until the protected person reaches the age of twenty-one (21) years, subject to the following provisions:

(a) The court may state in such order special terms and conditions for such conservator when acting while the protected person is of the age of eighteen (18) years or more, but less than the age of twenty-one (21) years;

(b) Upon reaching the age of eighteen (18) years, the protected person may, at any time thereafter, petition the court to terminate or modify the conservatorship prior to the protected person attaining the age of twenty-one (21) years. Said petition must be based on the ability of the minor to adequately manage his or her own financial affairs, demonstrated by appropriate evidence, including:

(1) Demonstrated ability to manage his or her financial affairs;

(2) Submission of budgets and other appropriate similar documents;

(3) Employment history;

(4) Educational history;

(5) Criminal history; and

(6) Other relevant evidence;

(c) The burden of showing such financial management ability shall be upon the protected person and must be demonstrated by clear and convincing evidence thereof; and

(d) The court may, in its discretion, order reports to be filed by the conservator, and/or a court visitor, and/or may appoint a guardian ad litem for the protected person.

The original determination of whether to extend the conservatorship to age twenty-one (21) years shall be within the discretion of the court and may be based on such factors as the court deems to be relevant to such determination.

15-5-433. MINORS COMPROMISE — PROCEDURE. [effective January 1, 2027] (1) When a minor has a claim for money against a third person, the persons listed below have the right to petition for a compromise of the claim in the following order of priority:

(a) An appointed conservator of the minor;

(b) A guardian of the minor, if appointed;

(c) Either or both parents, provided that:

(i) If the parents are living separate and apart, then the parent who has been awarded primary physical custody; or

(ii) If no custody award has been made, then the parent with whom the minor is living;

(d) A de facto custodian; and

(e) Any other legal representative.

(2) The court for good cause may pass over a person having priority under subsection (1) of this section and appoint a person having less priority or no priority; provided that the court shall not pass over a parent or parents unless the court concludes that the parent or parents are incapable or unwilling to act reasonably and in the best interest of the minor. Such proposed compromise is not effective until it is approved by the district court of the county where the minor resides or, if the minor is not a resident of the state of Idaho, by the district court of the county where the claim arose, upon verified petition, filed with the court.

(3) A verified petition made pursuant to this section shall include the following:

(a) The name, age, and residence of the minor;

(b) The facts that bring the minor within the purview of this section, including the circumstances that make it a claim for money, the name of the third person against whom the claim is made, and, if the claim is the result of an accident, the date, place, and facts of the accident;

(c) The names and residence of the parents or guardian of the minor;

(d) The name and residence of the person or persons having physical custody or control of the minor;
f this section, including the circumstances that make it a claim for money, the name of the third person against whom the claim is made, and, if the claim is the result of an accident, the date, place, and facts of the accident;

(c) The names and residence of the parents or guardian of the minor;

(d) The name and residence of the person or persons having physical custody or control of the minor;

(e) The name and residence of the petitioner, the relationship of the petitioner to the minor, and the basis of the petitioner's right to compromise the claim;

(f) The total amount of proceeds of the proposed compromise, the apportionment of those proceeds, and whether the fees and expenses are to be deducted before or after the calculation of any contingency fee, including the amount to be used for:

(i) Attorney's fees and whether the attorney's fees are fixed or contingent fees;

(ii) Medical expenses; or

(iii) Other expenses;

(g) Whether the petitioner believes the acceptance of this compromise is in the best interest of the minor;

(h) That the petitioner has been advised and understands that acceptance of the compromise will bar the minor from seeking further relief from the third person offering the compromise;

(i) If the claim involves a personal injury suffered by the minor, a summary of:

(i) The injury, prognosis, treatment, and progress of recovery of the minor; and

(ii) The amount of medical expenses incurred to date, the nature and amount of medical expenses that have been paid and by whom, any amount owing for medical expenses, and an estimate of the amount of medical expenses that may be incurred in the future; and

(j) The policy limits of the insurance contract, if applicable.

(4) If the minor's claim is less than ten thousand dollars ($10,000) and the court is satisfied after review of the verified petition that the compromise is reasonable and in the best interest of the minor, the court may approve the compromise or set a hearing. If the minor's claim is ten thousand dollars ($10,000) or more, the court shall set a hearing for approval of the compromise.

(5) If the court finds the compromise is reasonable and in the best interest of the minor, the court may approve such compromise and may direct that money be paid:

(a) To the parents, guardian, trustee, conservator, legal representative, or the designated payee thereof in accordance with the provisions of this chapter;

(b) Subject to the provisions of an appropriate protective order; or

(c) In accordance with the provisions of chapter 14, title 68, Idaho Code.

(6) No filing fee shall be charged for the filing of any petition under the provisions of this section.

History:

[15-5-433, added 1996, ch. 423, sec. 1, p. 1447; repealed and added 2026, ch. 79, sec. 6, p. 384.]