S1240 • 2026

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT – Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: JUDICIARY AND RULES COMMITTEE
Last action: 2026-03-23
Official status: LAW
Effective date: 2027-01-01

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT – Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

What This Bill Does

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT – Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-03-23 Idaho State Legislature
Signed by Governor on 03/20/26 Session Law Chapter 79 Effective: 01/01/2027
2026-03-17 Idaho State Legislature
Reported delivered to Governor at 4:10 p.m. on 03/16/26
2026-03-16 Idaho State Legislature
Received from Senate; Signed by Speaker; Returned to Senate
2026-03-16 Idaho State Legislature
Reported signed by the Speaker & ordered delivered to Governor
2026-03-13 Idaho State Legislature
Reported enrolled; signed by President; to House for signature of Speaker
2026-03-12 Idaho State Legislature
Read Third Time in Full – PASSED - 68-0-2 AYES – Alfieri, Barbieri, Beiswenger, Berch, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Cornilles, Crane(12), Crane(13), Dygert, Egbert, Ehardt, Ehlers, Erickson(Larsen), Fuhriman, Furniss, Galaviz, Gannon, Garner, Green, Hall(Stone), Handy, Harris, Hawkins, Haws, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, Mathias, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Nelsen, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Rubel, Sauter, Scott, Shepherd, Shirts, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. Speaker NAYS – None Absent – Church, Skaug Floor Sponsor - Manwaring Title apvd - to Senate
2026-03-12 Idaho State Legislature
Returned From House Passed; referred to enrolling
2026-03-10 Idaho State Legislature
U.C. to hold place on third reading calendar one legislative day
2026-03-09 Idaho State Legislature
U.C. to hold place on third reading calendar one legislative day
2026-03-06 Idaho State Legislature
Read second time; Filed for Third Reading
2026-03-05 Idaho State Legislature
Reported out of Committee with Do Pass Recommendation, Filed for Second Reading
2026-02-16 Idaho State Legislature
Received from the Senate, Filed for First Reading
2026-02-16 Idaho State Legislature
Read First Time, Referred to Judiciary, Rules & Administration
2026-02-13 Idaho State Legislature
Read third time in full – PASSED - 32-0-3 AYES – Adams, Anthon, Bernt, Bjerke, Bjerke(Keyser), Blaylock, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Kohl, Lakey, Lenney, Lent, Nichols, Rabe, Ricks, Ruchti, Semmelroth, Shippy, Taylor, VanOrden, Wintrow, Woodward, Zito, Zuiderveld NAYS – None Absent and excused – Okuniewicz, Toews, Ward-Engelking Floor Sponsor - Ruchti Title apvd - to House
2026-02-11 Idaho State Legislature
Read second time; filed for Third Reading
2026-02-10 Idaho State Legislature
Reported out of Committee with Do Pass Recommendation; Filed for second reading
2026-01-30 Idaho State Legislature
Reported Printed; referred to Judiciary & Rules
2026-01-29 Idaho State Legislature
Introduced; read first time; referred to JR for Printing

Official Summary Text

UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT – Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

Current Bill Text

Read the full stored bill text

LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1240
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
THE
UNIFORM
GUARDIANSHIP,
CONSERVATORSHIP,
AND
OTHER
PROTECTIVE
2
ARRANGEMENTS
ACT;
REPEALING
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
RELAT
-
3
ING
TO
THE
PROTECTION
OF
PERSONS
UNDER
DISABILITY
AND
THEIR
PROPERTY;
4
AMENDING
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
CHAPTER
5,
TI
-
5
TLE
15,
IDAHO
CODE,
TO
PROVIDE
A
CHAPTER
HEADING;
AMENDING
CHAPTER
5,
6
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
1,
CHAPTER
5,
TITLE
7
15,
IDAHO
CODE,
TO
ESTABLISH
GENERAL
PROVISIONS;
AMENDING
CHAPTER
5,
8
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
2,
CHAPTER
5,
TITLE
9
15,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
GUARDIANSHIP
OF
A
10
MINOR;
AMENDING
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
1
1
NEW
PART
3,
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
12
REGARDING
GUARDIANSHIP
OF
AN
ADULT;
AMENDING
CHAPTER
5,
TITLE
15,
IDAHO
13
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
4,
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
14
TO
ESTABLISH
PROVISIONS
REGARDING
CONSERVATORSHIPS;
AMENDING
CHAPTER
15
5,
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
PART
5,
CHAPTER
5,
TI
-
16
TLE
15,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
OTHER
PROTECTIVE
17
ARRANGEMENTS;
AMENDING
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
BY
THE
ADDITION
18
OF
A
NEW
PART
6,
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
TO
PROVIDE
A
RESERVED
19
SPACE
FOR
FORMS;
AMENDING
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
BY
THE
AD
-
20
DITION
OF
A
NEW
PART
7,
CHAPTER
5,
TITLE
15,
IDAHO
CODE,
TO
ESTABLISH
21
MISCELLANEOUS
PROVISIONS;
AMENDING
SECTION
15
-
1
-
201,
IDAHO
CODE,
TO
22
REVISE
A
DEFINITION;
AMENDING
SECTION
15
-
12
-
108,
IDAHO
CODE,
TO
PRO
-
23
VIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
18
-
211,
IDAHO
CODE,
TO
24
PROVIDE
CORRECT
CODE
REFERENCES;
AMENDING
SECTION
18
-
212,
IDAHO
CODE,
25
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
18
-
1508B,
IDAHO
26
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
18
-
1508C,
27
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
28
18
-
3302,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SEC
-
29
TION
19
-
2515,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
30
SECTION
19
-
2914A,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
31
AMENDING
SECTION
19
-
4204,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFER
-
32
ENCE;
AMENDING
SECTION
19
-
4207,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
33
REFERENCE;
AMENDING
SECTION
19
-
5703,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
34
CODE
REFERENCE;
AMENDING
SECTION
19
-
6009,
IDAHO
CODE,
TO
REMOVE
A
CODE
35
REFERENCE;
AMENDING
SECTION
19
-
6010,
IDAHO
CODE,
TO
REMOVE
A
CODE
REF
-
36
ERENCE;
AMENDING
SECTION
31
-
3201G,
IDAHO
CODE,
TO
REMOVE
A
REFERENCE;
37
AMENDING
SECTION
32
-
1806,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
REFER
-
38
ENCE;
AMENDING
SECTION
39
-
4504,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
CODE
39
REFERENCE;
AMENDING
SECTION
56
-
214,
IDAHO
CODE,
TO
PROVIDE
A
CORRECT
40
CODE
REFERENCE;
AMENDING
SECTION
59
-
1317,
IDAHO
CODE,
TO
PROVIDE
A
41
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
63
-
3022E,
IDAHO
CODE,
TO
PRO
-
42
VIDE
CORRECT
CODE
REFERENCES;
AMENDING
SECTION
63
-
3025D,
IDAHO
CODE,
43
TO
PROVIDE
A
CORRECT
CODE
REFERENCE;
AMENDING
SECTION
66
-
356,
IDAHO
44
CODE,
TO
PROVIDE
CORRECT
CODE
REFERENCES;
AMENDING
SECTION
66
-
402,
45

2
IDAHO
CODE,
TO
REMOVE
DEFINITIONS
AND
TO
REVISE
DEFINITIONS;
REPEALING
1
SECTION
66
-
404,
IDAHO
CODE,
RELATING
TO
PROCEEDINGS
FOR
APPOINTMENT
2
OF
GUARDIANS
AND
CONSERVATORS;
REPEALING
SECTION
66
-
404A,
IDAHO
CODE,
3
RELATING
TO
TEMPORARY
GUARDIANS;
REPEALING
SECTION
66
-
405,
IDAHO
4
CODE,
RELATING
TO
AN
ORDER
IN
PROTECTIVE
PROCEEDINGS;
AMENDING
SECTION
5
66
-
408,
IDAHO
CODE,
TO
REMOVE
PROVISIONS
REGARDING
GUARDIANSHIP
AND
6
CONSERVATORSHIP;
AMENDING
SECTION
68
-
1404,
IDAHO
CODE,
TO
PROVIDE
A
7
CORRECT
CODE
REFERENCE;
AND
PROVIDING
AN
EFFECTIVE
DATE.
8
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
9
SECTION
1.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
10
hereby
repealed.
1
1
SECTION
2.
That
Title
15,
Idaho
Code,
be,
and
the
same
is
hereby
amended
12
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
13
ter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
14
CHAPTER
5
15
UNIFORM
GUARDIANSHIP,
CONSERVATORSHIP,
AND
OTHER
PROTECTIVE
ARRANGEMENTS
16
ACT
17
SECTION
3.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
18
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
19
nated
as
Part
1,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
20
PART
1
21
GENERAL
PROVISIONS
22
15
-
5
-
101.
SHORT
TITLE.
This
chapter
shall
be
known
and
may
be
cited
as
23
the
"Uniform
Guardianship,
Conservatorship,
and
Other
Protective
Arrange
-
24
ments
Act."
25
15
-
5
-
102.
DEFINITIONS.
As
used
in
this
chapter:
26
(1)
"Adult"
means
an
individual
at
least
eighteen
(18)
years
of
age
or
27
an
emancipated
individual
under
eighteen
(18)
years
of
age.
28
(2)
"Adult
subject
to
conservatorship"
means
an
adult
for
whom
a
con
-
29
servator
has
been
appointed
under
this
chapter.
30
(3)
"Adult
subject
to
guardianship"
means
an
adult
for
whom
a
guardian
31
has
been
appointed
under
this
chapter.
32
(4)
"Advance
care
planning
document,"
"advance
directive,"
"direc
-
33
tive,"
or
"health
care
directive"
means
a
document
as
defined
in
section
34
39
-
4502(1),
Idaho
Code.
35
(5)
"Artificial
life
-
sustaining
procedures"
means
any
medical
proce
-
36
dure
or
intervention
that
utilizes
mechanical
means
to
sustain
or
supplant
37
a
vital
function.
Artificial
life
-
sustaining
procedures
shall
not
include
38
the
administration
of
medication,
and
it
shall
not
include
the
performance
39
of
any
medical
procedure
deemed
necessary
to
alleviate
pain
or
any
procedure
40
that
could
be
expected
to
result
in
the
recovery
or
long
-
term
survival
of
the
41
patient
and
his
restoration
to
consciousness.
42

3
(6)
"Claim"
includes
a
claim
against
an
individual
or
conservatorship
1
estate,
whether
arising
in
contract,
tort,
or
otherwise.
2
(7)
"Conservator"
means
a
person
appointed
by
a
court
to
make
decisions
3
with
respect
to
the
property
or
financial
affairs
of
an
individual
subject
to
4
conservatorship.
The
term
includes
a
co
-
conservator.
5
(8)
"Conservatorship
estate"
means
the
property
subject
to
conserva
-
6
torship
under
this
chapter.
7
(9)
"De
facto
custodian"
means
a
person
who
has
either
been
appointed
8
as
the
de
facto
custodian
pursuant
to
section
32
-
1705,
Idaho
Code,
or
if
not
9
appointed,
has
been
the
primary
caregiver
for,
and
primary
financial
sup
-
10
porter
of,
a
child
who,
prior
to
the
filing
of
a
petition
for
guardianship,
1
1
has
resided
with
the
person
for
a
period
of
six
(6)
months
or
more
if
the
child
12
is
under
three
(3)
years
of
age
and
for
a
period
of
one
(1)
year
or
more
if
the
13
child
is
three
(3)
years
of
age
or
older.
14
(10)
"Developmental
disability"
is
as
defined
in
section
66
-
402(4),
15
Idaho
Code.
16
(11)
"Developmental
disability
evaluation
committee"
or
"DD
evaluation
17
committee"
means
an
interdisciplinary
team
of
at
least
three
(3)
individuals
18
designated
by
the
director
of
the
department
of
health
and
welfare
or
his
de
-
19
signee
to
evaluate
an
individual
as
required
by
the
provisions
of
this
chap
-
20
ter.
Each
committee
must
include
a
physician
licensed
to
practice
medicine
21
in
the
state
of
Idaho,
a
licensed
social
worker
or
a
licensed
professional
22
counselor,
and
a
clinical
psychologist
or
such
other
individual
who
has
a
23
master's
degree
in
psychology
as
designated
by
the
department
director.
A
24
licensed
independent
practitioner
may
be
used
instead
of
a
physician.
Each
25
committee
member
must
be
specially
qualified
by
training
and
experience
in
26
the
diagnosis
and
treatment
of
persons
with
a
developmental
disability.
27
(12)
"Full
conservatorship"
means
a
conservatorship
that
grants
the
28
conservator
all
powers
available
under
this
chapter.
29
(13)
"Full
guardianship"
means
a
guardianship
that
grants
the
guardian
30
all
powers
available
under
this
chapter.
31
(14)
"Guardian"
means
a
person
appointed
by
the
court
to
make
decisions
32
with
respect
to
the
personal
affairs
of
an
individual.
The
term
includes
a
33
co
-
guardian
but
does
not
include
a
guardian
ad
litem.
34
(15)
"Guardian
ad
litem"
means
a
person
appointed
to
inform
the
court
35
about,
and
to
represent,
the
needs
and
best
interest
of
an
individual.
36
(16)
"Individual
subject
to
conservatorship"
means
an
adult
or
minor
37
for
whom
a
conservator
has
been
appointed
under
this
chapter.
38
(17)
"Individual
subject
to
guardianship"
means
an
adult
or
minor
for
39
whom
a
guardian
has
been
appointed
under
this
chapter.
40
(18)
"Less
restrictive
alternative"
means
an
approach
to
meeting
an
41
individual's
needs
that
restricts
fewer
rights
of
the
individual
than
would
42
the
appointment
of
a
guardian
or
conservator.
The
term
includes
supported
43
decision
-
making,
appropriate
technological
assistance,
appointment
of
a
44
representative
payee,
and
appointment
of
an
agent
by
the
individual,
includ
-
45
ing
appointment
under
a
medical
directive
or
power
of
attorney
for
finances.
46
(19)
"Letters
of
office"
means
a
record
issued
by
a
court
certifying
a
47
guardian's
or
conservator's
authority
to
act.
The
term
includes
letters
of
48
guardianship
and
letters
of
conservatorship.
49
(20)
"Licensed
independent
practitioner"
or
"LIP"
means:
50

4
(a)
An
individual
licensed
as
a
physician
or
physician
assistant
pur
-
1
suant
to
chapter
18,
title
54,
Idaho
Code;
or
2
(b)
A
person
licensed
as
an
advanced
practice
registered
nurse
pursuant
3
to
chapter
14,
title
54,
Idaho
Code.
4
(21)
"Limited
conservatorship"
means
a
conservatorship
that
grants
the
5
conservator
less
than
all
powers
available
under
this
chapter,
grants
powers
6
over
only
certain
property,
or
otherwise
restricts
the
powers
of
the
conser
-
7
vator.
8
(22)
"Limited
guardianship"
means
a
guardianship
that
grants
the
9
guardian
less
than
all
powers
available
under
this
chapter
or
otherwise
re
-
10
stricts
the
powers
of
the
guardian.
1
1
(23)
"Manage
financial
resources"
means
the
actions
necessary
to
ob
-
12
tain,
administer,
and
dispose
of
real,
personal,
intangible
or
business
13
property,
benefits,
or
income.
14
(24)
"Minor"
means
an
unemancipated
individual
under
eighteen
(18)
15
years
of
age.
16
(25)
"Minor
subject
to
conservatorship"
means
a
minor
for
whom
a
conser
-
17
vator
has
been
appointed
under
this
chapter.
18
(26)
"Minor
subject
to
guardianship"
means
a
minor
for
whom
a
guardian
19
has
been
appointed
under
this
chapter.
20
(27)
"Parent"
does
not
include
an
individual
whose
parental
rights
have
21
been
terminated.
22
(28)
"Person"
means
an
individual,
estate,
business
or
nonprofit
en
-
23
tity,
public
corporation,
government
or
governmental
subdivision,
agency,
24
or
instrumentality,
or
other
legal
entity.
25
(29)
"Property"
includes
tangible
and
intangible
property.
26
(30)
"Protective
arrangement
instead
of
conservatorship"
means
a
court
27
order
entered
under
section
15
-
5
-
503,
Idaho
Code.
28
(31)
"Protective
arrangement
instead
of
guardianship"
means
a
court
or
-
29
der
entered
under
section
15
-
5
-
502,
Idaho
Code.
30
(32)
"Protective
arrangement
under
part
5"
means
a
court
order
entered
31
under
section
15
-
5
-
502
or
15
-
5
-
503,
Idaho
Code.
32
(33)
"Record,"
used
as
a
noun,
means
information
that
is
inscribed
on
a
33
tangible
medium
or
that
is
stored
in
an
electronic
or
other
medium
and
is
re
-
34
trievable
in
perceivable
form.
35
(34)
"Respondent"
means
an
individual
for
whom
appointment
of
a
36
guardian
or
conservator
is
sought
or
a
protective
arrangement
instead
of
37
guardianship
or
conservatorship
is
sought.
38
(35)
"Sign"
means,
with
present
intent
to
authenticate
or
adopt
a
39
record:
40
(a)
To
execute
or
adopt
a
tangible
symbol;
or
41
(b)
To
attach
to
or
logically
associate
with
the
record
an
electronic
42
symbol,
sound,
or
process.
43
(36)
"State"
means
a
state
of
the
United
States,
the
District
of
Colum
-
44
bia,
Puerto
Rico,
the
United
States
Virgin
Islands,
or
any
territory
or
in
-
45
sular
possession
subject
to
the
jurisdiction
of
the
United
States.
The
term
46
includes
federally
recognized
Indian
tribes.
47
(37)
"Supported
decision
-
making"
means
assistance
from
one
(1)
or
more
48
persons
of
an
individual's
choosing
in
understanding
the
nature
and
conse
-
49
quences
of
potential
personal
and
financial
decisions,
which
enables
the
in
-
50

5
dividual
to
make
the
decisions,
and
in
communicating
a
decision
once
made
if
1
consistent
with
the
individual's
wishes.
2
15
-
5
-
103.
SUPPLEMENTAL
PRINCIPLES
OF
LAW
AND
EQUITY
APPLICABLE.
Un
-
3
less
displaced
by
a
particular
provision
of
this
chapter,
the
principles
of
4
law
and
equity
supplement
its
provisions.
5
15
-
5
-
104.
SUBJECT
MATTER
JURISDICTION.
(1)
The
district
court
has
6
jurisdiction
over
a
conservatorship
or
protective
arrangement
instead
of
7
a
conservatorship
for
a
minor
domiciled
or
having
property
in
this
state.
8
Except
to
the
extent
jurisdiction
is
precluded
by
the
uniform
child
custody
9
jurisdiction
and
enforcement
act,
chapter
11,
title
32,
Idaho
Code,
or
the
10
Idaho
child
protective
act,
chapter
16,
title
16,
Idaho
Code,
the
district
1
1
court
has
jurisdiction
over
a
guardianship
for
a
minor
domiciled
or
present
12
in
this
state.
Where
a
minor
is
within
the
jurisdiction
of
a
court
under
the
13
child
protective
act
or
where
a
guardianship
proceeding
arose
in
connec
-
14
tion
with
a
permanency
plan
for
a
minor
who
was
the
subject
of
a
proceeding
15
under
the
child
protective
act,
the
court
having
jurisdiction
over
the
pro
-
16
ceeding
under
the
child
protective
act
shall
have
exclusive
jurisdiction
17
and
venue
over
any
guardianship
proceeding
involving
such
minor
unless,
in
18
furtherance
of
the
permanency
plan,
the
court
declines
to
exercise
such
ju
-
19
risdiction
and
venue,
notwithstanding
the
provisions
of
this
subsection.
20
(a)
In
any
action
connected
to
a
guardianship
pursuant
to
this
subsec
-
21
tion,
in
addition
to
notice
or
service
upon
interested
parties,
as
pro
-
22
vided
in
section
15
-
5
-
203,
Idaho
Code,
notice
of
the
following
shall
23
be
served
upon
the
department
of
health
and
welfare
in
the
manner
pre
-
24
scribed
in
Idaho
supreme
court
rules:
25
(i)
Any
petition
for
the
appointment
of
a
guardian
of
a
minor;
26
(ii)
Any
pleading
filed
in
connection
with
such
guardianship;
27
(iii)
Any
proceeding
of
any
nature
in
such
guardianship;
and
28
(iv)
The
time
and
place
of
any
hearing
in
connection
with
such
29
guardianship.
30
(b)
In
any
action
occurring
pursuant
to
the
provisions
of
this
subsec
-
31
tion,
the
department
of
health
and
welfare
shall
have
the
right
to
ap
-
32
pear
and
be
heard
at
any
hearing
and
shall
have
the
right
to
intervene
at
33
any
stage
of
the
action.
34
(c)
A
guardian
appointed
in
an
action
occurring
pursuant
to
this
sub
-
35
section
may
not
consent
to
the
adoption
of
the
minor
without
providing
36
prior
notice
of
the
action
of
adoption
to
the
department
of
health
and
37
welfare.
38
(2)
The
district
court
has
jurisdiction
over
a
guardianship,
conserva
-
39
torship,
or
protective
arrangement
under
this
chapter
for
an
adult
as
pro
-
40
vided
in
the
uniform
adult
guardianship
and
protective
proceedings
juris
-
41
diction
act,
chapter
13,
title
15,
Idaho
Code.
42
(3)
After
notice
is
given
in
a
proceeding
for
a
guardianship,
conserva
-
43
torship,
or
protective
arrangement
under
this
chapter
and
until
termination
44
of
the
proceeding,
the
court
in
which
the
petition
is
filed
has:
45
(a)
Exclusive
jurisdiction
to
determine
the
need
for
the
guardianship,
46
conservatorship,
or
protective
arrangement;
47

6
(b)
Exclusive
jurisdiction
to
determine
how
property
of
the
respondent
1
shall
be
managed,
expended,
or
distributed
to
or
for
the
use
of
the
re
-
2
spondent,
an
individual
who
is
dependent
in
fact
on
the
respondent,
or
3
other
claimant;
4
(c)
Nonexclusive
jurisdiction
to
determine
the
validity
of
a
claim
5
against
the
respondent
or
property
of
the
respondent
or
a
question
of
6
title
concerning
the
property;
and
7
(d)
If
a
guardian
or
conservator
is
appointed,
exclusive
jurisdiction
8
over
issues
related
to
administration
of
the
guardianship
or
conserva
-
9
torship.
10
(4)
A
court
that
appoints
a
guardian
or
conservator
or
authorizes
a
pro
-
1
1
tective
arrangement
under
this
chapter
has
exclusive
and
continuing
juris
-
12
diction
over
the
proceeding
until
the
court
terminates
the
proceeding
or
the
13
appointment
or
protective
arrangement
expires
by
its
terms.
14
15
-
5
-
105.
TRANSFER
OF
PROCEEDING.
[Reserved]
15
15
-
5
-
106.
VENUE.
(1)
Venue
for
a
guardianship
proceeding
for
a
minor
16
shall
be
in:
17
(a)
The
county
in
which
the
minor
resides
or
is
present
at
the
time
the
18
proceeding
commences;
or
19
(b)
The
county
in
which
another
proceeding
concerning
the
custody
or
20
parental
rights
of
the
minor
is
pending.
21
(2)
Venue
for
a
guardianship
proceeding
or
protective
arrangement
in
-
22
stead
of
guardianship
for
an
adult
shall
be
in:
23
(a)
The
county
in
which
the
respondent
resides;
24
(b)
If
the
respondent
has
been
admitted
to
an
institution
by
court
or
-
25
der,
the
county
in
which
the
court
is
located;
or
26
(c)
If
the
proceeding
is
for
appointment
of
an
emergency
guardian
for
27
the
respondent,
the
county
in
which
the
respondent
is
present.
28
(3)
Venue
for
a
conservatorship
proceeding
or
protective
arrangement
29
instead
of
conservatorship
shall
be
in:
30
(a)
The
county
in
which
the
respondent
resides,
whether
or
not
a
31
guardian
has
been
appointed
in
another
county
or
other
jurisdiction;
or
32
(b)
If
the
respondent
does
not
reside
in
this
state,
in
any
county
in
33
which
property
of
the
respondent
is
located.
34
(4)
If
proceedings
under
this
chapter
are
brought
in
more
than
one
(1)
35
county,
the
court
of
the
county
in
which
the
first
proceeding
is
brought
has
36
the
exclusive
right
to
proceed
unless
the
court
determines
venue
is
properly
37
in
another
court
or
the
interest
of
justice
otherwise
requires
transfer
of
38
the
proceeding.
39
15
-
5
-
107.
PRACTICE
IN
COURT.
Except
as
otherwise
provided
in
this
40
chapter,
Idaho
supreme
court
rules
shall
govern
a
proceeding
under
this
41
chapter.
42
15
-
5
-
108.
LETTERS
OF
GUARDIANSHIP
AND
CONSERVATORSHIP.
(1)
The
court
43
shall
issue
letters
of
guardianship
to
a
guardian
upon
filing
by
the
guardian
44
of
an
acceptance
of
appointment.
45

7
(2)
The
court
shall
issue
letters
of
conservatorship
to
a
conservator
1
upon
filing
by
the
conservator
of
an
acceptance
of
appointment
and
filing
of
2
any
required
bond
or
compliance
with
any
other
asset
-
protection
arrangement
3
required
by
the
court.
4
(3)
Limitations
on
the
powers
of
a
guardian
or
conservator
or
on
the
5
property
subject
to
conservatorship
shall
be
stated
on
the
letters
of
6
guardianship
or
conservatorship.
7
(4)
The
court
at
any
time
may
limit
the
powers
conferred
on
a
guardian
8
or
conservator.
The
court
shall
issue
new
letters
of
office
to
reflect
the
9
limitation.
The
court
shall
give
notice
of
the
limitation
to
the
guardian
10
or
conservator,
individual
subject
to
guardianship
or
conservatorship,
each
1
1
parent
of
a
minor
subject
to
guardianship
or
conservatorship,
and
any
other
12
person
as
the
court
determines.
13
15
-
5
-
109.
EFFECT
OF
ACCEPTANCE
OF
APPOINTMENT.
Upon
acceptance
of
ap
-
14
pointment,
a
guardian
or
conservator
submits
to
personal
jurisdiction
of
the
15
court
in
this
state
in
any
proceeding
relating
to
the
guardianship
or
conser
-
16
vatorship.
17
15
-
5
-
110.
CO
-
GUARDIAN
-
-
CO
-
CONSERVATOR.
(1)
The
court
at
any
time
may
18
appoint
a
co
-
guardian
or
co
-
conservator.
19
(2)
A
co
-
guardian
or
co
-
conservator
appointed
to
serve
may
act
when
20
that
co
-
guardian
or
co
-
conservator
complies
with
the
provisions
of
section
21
15
-
5
-
108,
Idaho
Code.
22
(3)
Unless
an
order
of
appointment
under
subsection
(1)
of
this
section
23
or
subsequent
order
states
otherwise,
co
-
guardians
or
co
-
conservators
shall
24
make
decisions
jointly.
25
15
-
5
-
111.
JUDICIAL
APPOINTMENT
OF
SUCCESSOR
GUARDIAN
OR
SUCCESSOR
26
CONSERVATOR.
(1)
The
court
at
any
time
may
appoint
a
successor
guardian
or
27
successor
conservator.
28
(2)
A
person
entitled
under
section
15
-
5
-
202
or
15
-
5
-
302,
Idaho
Code,
29
to
petition
the
court
to
appoint
a
guardian
may
petition
the
court
to
appoint
30
a
successor
guardian.
A
person
entitled
under
section
15
-
5
-
402,
Idaho
Code,
31
to
petition
the
court
to
appoint
a
conservator
may
petition
the
court
to
ap
-
32
point
a
successor
conservator.
33
(3)
A
successor
guardian
or
successor
conservator
has
the
predeces
-
34
sor's
powers
unless
otherwise
provided
by
the
court.
35
15
-
5
-
112.
EFFECT
OF
DEATH,
REMOVAL,
OR
RESIGNATION
OF
GUARDIAN
OR
36
CONSERVATOR.
(1)
Appointment
of
a
guardian
or
conservator
terminates
on
37
the
death
or
removal
of
the
guardian
or
conservator
or
when
the
court
under
38
subsection
(2)
of
this
section
approves
a
resignation
of
the
guardian
or
39
conservator.
40
(2)
A
guardian
or
conservator
shall
petition
the
court
in
order
to
re
-
41
sign.
The
petition
may
include
a
request
that
the
court
appoint
a
successor.
42
Resignation
of
a
guardian
or
conservator
is
effective
on
the
date
the
resig
-
43
nation
is
approved
by
the
court.
44
(3)
Death,
removal,
or
resignation
of
a
guardian
or
conservator
does
45
not
affect
liability
for
a
previous
act
or
the
obligation
to
account
for:
46

8
(a)
An
action
taken
on
behalf
of
the
individual
subject
to
guardianship
1
or
conservatorship;
or
2
(b)
The
individual
subject
to
guardianship's
or
conservatorship's
3
funds
or
other
property.
4
15
-
5
-
113.
NOTICE
OF
HEARING
GENERALLY.
(1)
Except
as
otherwise
pro
-
5
vided
in
sections
15
-
5
-
203,
15
-
5
-
208,
15
-
5
-
303,
15
-
5
-
403,
and
15
-
5
-
505,
6
Idaho
Code,
if
notice
of
a
hearing
under
this
chapter
is
required,
the
movant
7
shall
give
notice
of
the
date,
time,
and
place
of
the
hearing
to
the
person
to
8
be
notified
unless
otherwise
ordered
by
the
court
for
good
cause.
Except
as
9
otherwise
provided
in
this
chapter,
notice
shall
be
given
in
compliance
with
10
the
Idaho
supreme
court
rules
at
least
fourteen
(14)
days
before
the
hearing.
1
1
(2)
Proof
of
notice
of
a
hearing
under
this
chapter
shall
be
made
before
12
or
at
the
hearing
and
filed
in
the
proceeding.
13
(3)
Notice
of
a
hearing
under
this
chapter
shall
be
communicated:
14
(a)
In
a
form
and
manner
that
is
accessible
and
understandable
by
the
15
recipient,
through
the
use
of
assistive
technology
if
necessary;
16
(b)
In
plain
language;
and
17
(c)
To
the
extent
feasible,
in
a
language
in
which
the
recipient
is
pro
-
18
ficient.
19
15
-
5
-
114.
WAIVER
OF
NOTICE.
(1)
Except
as
otherwise
provided
in
sub
-
20
section
(2)
of
this
section,
a
person
may
waive
notice
under
this
chapter
in
21
a
record
signed
by
the
person
or
the
person's
attorney
and
filed
in
the
pro
-
22
ceeding.
23
(2)
A
respondent,
individual
subject
to
guardianship,
individual
sub
-
24
ject
to
conservatorship,
or
individual
subject
to
a
protective
arrangement
25
under
this
chapter
may
not
waive
notice
under
this
chapter.
26
15
-
5
-
115.
GUARDIAN
AD
LITEM.
The
court
at
any
time
may
appoint
a
27
guardian
ad
litem
for
a
respondent
or
individual
subject
to
guardianship
28
or
conservatorship
if
the
court
determines
the
respondent's
or
individual
29
subject
to
guardianship
or
conservatorship's
interest
otherwise
would
not
30
be
adequately
represented.
If
no
conflict
of
interest
exists,
a
guardian
ad
31
litem
may
be
appointed
to
represent
multiple
individuals
or
interests.
The
32
guardian
ad
litem
may
not
be
the
same
individual
as
the
attorney
representing
33
the
respondent
or
individual
subject
to
guardianship
or
conservatorship.
34
The
court
shall
state
the
duties
of
the
guardian
ad
litem
and
the
reasons
for
35
the
appointment.
36
15
-
5
-
116.
REQUEST
FOR
NOTICE.
(1)
A
person
may
file
with
the
court
a
37
request
for
notice
under
this
chapter
if
the
person
is:
38
(a)
Not
otherwise
entitled
to
notice;
and
39
(b)
Interested
in
the
welfare
of
a
respondent,
individual
subject
to
40
guardianship
or
conservatorship,
or
individual
subject
to
a
protective
41
arrangement
under
this
chapter.
42
(2)
A
request
under
subsection
(1)
of
this
section
shall
include
a
43
statement
showing
the
interest
of
the
person
making
the
request
and
the
44
address
of
the
person
or
an
attorney
for
the
person
to
whom
notice
is
to
be
45
given.
46

9
(3)
If
the
court
approves
a
request
under
subsection
(1)
of
this
sec
-
1
tion,
the
court
shall
give
notice
of
the
approval
to
the
guardian
or
conser
-
2
vator,
if
one
has
been
appointed,
or
the
respondent
if
no
guardian
or
conser
-
3
vator
has
been
appointed.
4
15
-
5
-
117.
DISCLOSURE
OF
BANKRUPTCY
OR
CRIMINAL
HISTORY.
(1)
Subject
5
to
the
provisions
of
section
56
-
1004A,
Idaho
Code,
none
of
the
following
per
-
6
sons
shall
be
appointed
as
a
guardian
of
a
respondent
unless
the
court
finds
7
by
clear
and
convincing
evidence
that
such
appointment
is
in
the
best
inter
-
8
est
of
the
respondent:
9
(a)
A
convicted
felon;
or
10
(b)
A
person
whose
residence
is
the
respondent's
proposed
residence
1
1
or
who
will
be
frequented
by
the
respondent
and
is
frequented
by
a
con
-
12
victed
felon.
13
(2)
No
individual
shall
be
appointed
as
guardian
of
an
adult
respondent
14
unless
all
of
the
following
first
occurs:
15
(a)
The
proposed
guardian
has
submitted
to
and
paid
for
a
criminal
his
-
16
tory
and
background
check
conducted
pursuant
to
section
56
-
1004A(2)
and
17
(3),
Idaho
Code;
18
(b)
Pursuant
to
an
order
of
the
court
so
requiring,
any
individual
who
19
resides
in
the
respondent's
proposed
residence
has
submitted,
at
the
20
proposed
guardian's
expense,
to
a
criminal
history
and
background
check
21
conducted
pursuant
to
section
56
-
1004A(2)
and
(3),
Idaho
Code;
22
(c)
The
findings
of
such
criminal
history
and
background
checks
have
23
been
made
available
to
the
visitor,
DD
evaluation
committee,
guardian
24
ad
litem,
and
any
other
person
entitled
to
the
findings
by
the
depart
-
25
ment
of
health
and
welfare;
and
26
(d)
The
proposed
guardian
provided
a
report
of
his
civil
judgments
and
27
bankruptcies
to
the
visitor,
the
guardian
ad
litem,
and
all
others
enti
-
28
tled
to
notice
of
the
guardianship
proceeding.
29
(3)
A
guardian
or
conservator
that
engages
or
anticipates
engaging
an
30
agent
the
guardian
or
conservator
knows
has
been
convicted
of
a
felony,
a
31
crime
involving
dishonesty,
neglect,
violence,
or
use
of
physical
force,
or
32
other
crime
relevant
to
the
functions
the
agent
is
being
engaged
to
perform
33
promptly
shall
disclose
that
knowledge
to
the
court.
34
(4)
If
a
conservator
engages
or
anticipates
engaging
an
agent
to
manage
35
finances
of
the
individual
subject
to
conservatorship
and
knows
the
agent
is
36
or
has
been
a
debtor
in
a
bankruptcy,
insolvency,
or
receivership
proceed
-
37
ing,
the
conservator
promptly
shall
disclose
that
knowledge
to
the
court.
38
15
-
5
-
118.
MULTIPLE
NOMINATIONS.
If
a
respondent
or
other
person
makes
39
more
than
one
(1)
nomination
of
a
guardian
or
conservator,
the
latest
in
time
40
governs.
41
15
-
5
-
119.
COMPENSATION
AND
EXPENSES
-
-
IN
GENERAL.
(1)
Unless
other
-
42
wise
compensated
or
reimbursed,
an
attorney
for
a
respondent
in
a
proceeding
43
under
this
chapter
is
entitled
to
reasonable
compensation
for
services
and
44
reimbursement
of
reasonable
expenses
from
the
property
of
the
respondent.
45
(2)
Unless
otherwise
compensated
or
reimbursed,
an
attorney
or
other
46
person
whose
services
resulted
in
an
order
beneficial
to
an
individual
sub
-
47

10
ject
to
guardianship
or
conservatorship
or
for
whom
a
protective
arrangement
1
under
this
chapter
was
ordered
is
entitled
to
reasonable
compensation
for
2
services
and
reimbursement
of
reasonable
expenses
and,
if
appropriate,
rea
-
3
sonable
attorney's
fees
and
costs
from
the
property
of
the
individual
sub
-
4
ject
to
guardianship
or
conservatorship.
5
(3)
Upon
the
petition
of
any
interested
person,
the
court
may
review
6
compensation
and
expenses
payable
under
this
section
and
determine
whether,
7
or
to
what
extent,
such
compensation
and
expenses
are
approved.
8
(4)
If
the
court
dismisses
a
petition
under
this
chapter
and
determines
9
the
petition
was
filed
in
bad
faith,
the
court
may
assess
attorney's
fees
and
10
costs
and
the
cost
of
any
court
-
ordered
professional
evaluation
or
visitor,
1
1
DD
evaluation
committee,
or
guardian
ad
litem
against
the
petitioner.
12
(5)
If
any
person
brings
or
defends
any
conservatorship
proceeding
in
13
good
faith,
whether
successful
or
not,
the
person
is
entitled
to
receive
from
14
the
estate
the
person's
necessary
expenses
and
disbursements,
including
15
reasonable
attorney's
fees
incurred
in
such
proceeding.
16
(6)
If
the
estate
is
inadequate
to
bear
any
of
the
reasonable
compensa
-
17
tion,
fees,
or
costs
referenced
in
this
section,
the
court
may
apportion
the
18
reasonable
compensation,
fees,
or
costs
to
any
party,
or
among
the
parties,
19
as
the
court
deems
reasonable.
20
(7)
The
court
may
not
apportion
any
reasonable
compensation,
fees,
or
21
costs
to
the
county
in
which
proceedings
pursuant
to
this
chapter
were
held.
22
15
-
5
-
120.
COMPENSATION
OF
GUARDIAN
OR
CONSERVATOR.
(1)
Subject
to
23
court
approval,
a
guardian
is
entitled
to
reasonable
compensation
for
ser
-
24
vices
as
guardian
and
to
reimbursement
for
room,
board,
clothing,
and
other
25
appropriate
expenses
advanced
for
the
benefit
of
the
individual
subject
26
to
guardianship.
If
a
conservator,
other
than
the
guardian
or
a
person
27
affiliated
with
the
guardian,
is
appointed
for
the
individual
subject
to
28
conservatorship,
reasonable
compensation
and
reimbursement
to
the
guardian
29
may
be
approved
and
paid
by
the
conservator
without
court
approval.
30
(2)
Subject
to
court
approval,
a
conservator
is
entitled
to
reasonable
31
compensation
for
services
and
reimbursement
for
appropriate
expenses
from
32
the
property
of
the
individual
subject
to
conservatorship.
33
(3)
In
determining
reasonable
compensation
for
a
guardian
or
conserva
-
34
tor,
the
court,
or
a
conservator
in
determining
reasonable
compensation
for
35
a
guardian
as
provided
in
subsection
(1)
of
this
section,
shall
consider:
36
(a)
The
necessity
and
quality
of
the
services
provided;
37
(b)
The
experience,
training,
professional
standing,
and
skills
of
the
38
guardian
or
conservator;
39
(c)
The
difficulty
of
the
services
performed,
including
the
degree
of
40
skill
and
care
required;
41
(d)
The
conditions
and
circumstances
under
which
a
service
was
per
-
42
formed,
including
whether
the
service
was
provided
outside
regular
43
business
hours
or
under
dangerous
or
extraordinary
conditions;
44
(e)
The
effect
of
the
services
on
the
individual
subject
to
guardian
-
45
ship
or
conservatorship;
46
(f)
The
extent
to
which
the
services
provided
were
or
were
not
consis
-
47
tent
with
the
guardian's
plan
under
section
15
-
5
-
316,
Idaho
Code,
or
48
conservator's
plan
under
section
15
-
5
-
419,
Idaho
Code;
and
49

11
(g)
The
fees
customarily
paid
to
a
person
that
performs
a
like
service
1
in
the
community.
2
(4)
A
guardian
or
conservator
need
not
use
personal
funds
for
the
ex
-
3
penses
of
the
individual
subject
to
guardianship
or
conservatorship.
4
(5)
If
an
individual
subject
to
guardianship
or
conservatorship
seeks
5
to
modify
or
terminate
the
guardianship
or
conservatorship
or
remove
the
6
guardian
or
conservator,
the
court
may
order
compensation
to
the
guardian
or
7
conservator
for
time
spent
opposing
modification,
termination,
or
removal
8
only
to
the
extent
the
court
determines
the
opposition
was
reasonably
nec
-
9
essary
to
protect
the
interest
of
the
individual
subject
to
guardianship
or
10
conservatorship.
1
1
(6)
If
the
estate
is
inadequate
to
bear
any
of
the
reasonable
compensa
-
12
tion,
fees,
or
costs
referenced
in
this
section,
the
court
may
apportion
the
13
reasonable
compensation,
fees,
or
costs
to
any
party,
or
among
the
parties,
14
as
the
court
deems
reasonable.
15
15
-
5
-
121.
LIABILITY
OF
GUARDIAN
OR
CONSERVATOR
FOR
ACT
OF
INDIVID
-
16
UAL
SUBJECT
TO
GUARDIANSHIP
OR
CONSERVATORSHIP.
A
guardian
or
conservator
17
is
not
personally
liable
to
another
person
solely
because
of
the
guardian
-
18
ship
or
conservatorship
for
an
act
or
omission
of
the
individual
subject
to
19
guardianship
or
conservatorship.
20
15
-
5
-
122.
PETITION
AFTER
APPOINTMENT
FOR
INSTRUCTION
OR
RATIFICA
-
21
TION.
(1)
A
guardian
or
conservator
may
petition
the
court
for
instruction
22
concerning
fiduciary
responsibility
or
ratification
of
a
particular
act
23
related
to
the
guardianship
or
conservatorship.
24
(2)
Upon
notice
of
and
hearing
on
a
petition
under
subsection
(1)
of
25
this
section,
the
court
may
give
an
instruction
and
issue
an
appropriate
or
-
26
der.
27
15
-
5
-
123.
THIRD
-
PARTY
ACCEPTANCE
OF
AUTHORITY
OF
GUARDIAN
OR
CONSER
-
28
VATOR.
(1)
A
person
shall
not
recognize
the
authority
of
a
guardian
or
con
-
29
servator
to
act
on
behalf
of
an
individual
subject
to
guardianship
or
conser
-
30
vatorship
if:
31
(a)
The
person
has
actual
knowledge
or
a
reasonable
belief
that
the
let
-
32
ters
of
office
of
the
guardian
or
conservator
are
invalid
or
the
con
-
33
servator
or
guardian
is
exceeding
or
improperly
exercising
authority
34
granted
by
the
court;
or
35
(b)
The
person
has
actual
knowledge
that
the
individual
subject
to
36
guardianship
or
conservatorship
is
subject
to
physical
or
financial
37
abuse,
neglect,
exploitation,
or
abandonment
by
the
guardian
or
conser
-
38
vator
or
a
person
acting
for
or
with
the
guardian
or
conservator.
39
(2)
A
person
may
refuse
to
recognize
the
authority
of
a
guardian
or
con
-
40
servator
to
act
on
behalf
of
an
individual
subject
to
guardianship
or
conser
-
41
vatorship
if:
42
(a)
The
guardian's
or
conservator's
proposed
action
would
be
inconsis
-
43
tent
with
the
provisions
of
this
chapter;
or
44
(b)
The
person
makes,
or
has
actual
knowledge
that
another
person
has
45
made,
a
report
to
the
government
agency
providing
protective
services
46
to
adults
or
children
stating
a
good
faith
belief
that
the
individual
47

12
subject
to
guardianship
or
conservatorship
is
subject
to
physical
or
1
financial
abuse,
neglect,
exploitation,
or
abandonment
by
the
guardian
2
or
conservator
or
a
person
acting
for
or
with
the
guardian
or
conserva
-
3
tor.
4
(3)
A
person
that
refuses
to
accept
the
authority
of
a
guardian
or
con
-
5
servator
in
accordance
with
subsection
(2)
of
this
section
may
report
the
6
refusal
and
the
reason
for
refusal
to
the
court.
The
court
upon
receiving
7
the
report
shall
consider
whether
removal
of
the
guardian
or
conservator
or
8
other
action
is
appropriate.
9
(4)
A
guardian
or
conservator
may
petition
the
court
to
require
a
third
10
party
to
accept
a
decision
made
by
the
guardian
or
conservator
on
behalf
of
1
1
the
individual
subject
to
guardianship
or
conservatorship.
12
15
-
5
-
124.
USE
OF
AGENT
BY
GUARDIAN
OR
CONSERVATOR.
(1)
Except
as
oth
-
13
erwise
provided
in
subsection
(3)
of
this
section,
a
guardian
or
conserva
-
14
tor
may
delegate
a
power
to
an
agent
that
a
prudent
guardian
or
conservator
15
of
comparable
skills
could
delegate
prudently
under
the
circumstances
if
the
16
delegation
is
consistent
with
the
guardian's
or
conservator's
fiduciary
du
-
17
ties
and
the
guardian's
plan
under
section
15
-
5
-
316,
Idaho
Code,
or
conser
-
18
vator's
plan
under
section
15
-
5
-
419,
Idaho
Code.
19
(2)
In
delegating
a
power
under
subsection
(1)
of
this
section,
the
20
guardian
or
conservator
shall
exercise
reasonable
care,
skill,
and
caution
21
in:
22
(a)
Selecting
the
agent;
23
(b)
Establishing
the
scope
and
terms
of
the
agent's
work
in
accordance
24
with
the
guardian's
plan
under
section
15
-
5
-
316,
Idaho
Code,
or
conser
-
25
vator's
plan
under
section
15
-
5
-
419,
Idaho
Code;
26
(c)
Monitoring
the
agent's
performance
and
compliance
with
the
delega
-
27
tion;
and
28
(d)
Redressing
an
act
or
omission
of
the
agent
that
would
constitute
a
29
breach
of
the
guardian's
or
conservator's
duties
if
done
by
the
guardian
30
or
conservator.
31
(3)
A
guardian
or
conservator
may
not
delegate
all
powers
to
an
agent.
32
(4)
In
performing
a
power
delegated
under
this
section,
an
agent
shall:
33
(a)
Exercise
reasonable
care
to
comply
with
the
terms
of
the
delegation
34
and
use
reasonable
care
in
the
performance
of
the
power;
and
35
(b)
If
the
guardian
or
conservator
has
delegated
to
the
agent
the
power
36
to
make
a
decision
on
behalf
of
the
individual
subject
to
guardianship
37
or
conservatorship,
use
the
same
decision
-
making
standard
the
guardian
38
or
conservator
would
be
required
to
use.
39
(5)
By
accepting
a
delegation
of
a
power
under
subsection
(1)
of
this
40
section
from
a
guardian
or
conservator,
an
agent
submits
to
the
personal
ju
-
41
risdiction
of
the
courts
of
this
state
in
an
action
involving
the
agent's
42
performance
as
agent.
43
(6)
A
guardian
or
conservator
that
delegates
and
monitors
a
power
in
44
compliance
with
this
section
is
not
liable
for
the
decision,
act,
or
omission
45
of
the
agent.
46

13
15
-
5
-
125.
TEMPORARY
SUBSTITUTE
GUARDIAN
OR
CONSERVATOR.
(1)
The
court
1
may
appoint
a
temporary
substitute
guardian
for
an
individual
subject
to
2
guardianship
for
a
period
not
exceeding
six
(6)
months
if:
3
(a)
A
proceeding
to
remove
a
guardian
for
the
individual
subject
to
4
guardianship
is
pending;
or
5
(b)
The
court
finds
a
guardian
is
not
effectively
performing
the
6
guardian's
duties
and
the
welfare
of
the
individual
subject
to
7
guardianship
requires
immediate
action.
8
(2)
The
court
may
appoint
a
temporary
substitute
conservator
for
an
9
individual
subject
to
conservatorship
for
a
period
not
exceeding
six
(6)
10
months
if:
1
1
(a)
A
proceeding
to
remove
a
conservator
for
the
individual
subject
to
12
conservatorship
is
pending;
or
13
(b)
The
court
finds
that
a
conservator
for
the
individual
subject
to
14
conservatorship
is
not
effectively
performing
the
conservator's
duties
15
and
the
welfare
of
the
individual
subject
to
conservatorship
or
the
con
-
16
servatorship
estate
requires
immediate
action.
17
(3)
Except
as
otherwise
ordered
by
the
court,
a
temporary
substitute
18
guardian
or
temporary
substitute
conservator
appointed
under
this
section
19
has
the
powers
stated
in
the
order
of
appointment
of
the
guardian
or
conser
-
20
vator.
The
authority
of
the
existing
guardian
or
conservator
is
suspended
21
for
as
long
as
the
temporary
substitute
guardian
or
conservator
has
author
-
22
ity.
23
(4)
The
court
shall
give
notice
of
appointment
of
a
temporary
substi
-
24
tute
guardian
or
temporary
substitute
conservator,
not
later
than
seven
(7)
25
days
after
the
appointment,
to:
26
(a)
The
individual
subject
to
guardianship
or
conservatorship;
27
(b)
The
affected
guardian
or
conservator;
and
28
(c)
In
the
case
of
a
minor,
each
parent
of
the
minor
and
any
person
cur
-
29
rently
having
care
or
custody
of
the
minor.
30
(5)
The
court
may
remove
a
temporary
substitute
guardian
or
temporary
31
substitute
conservator
at
any
time.
The
temporary
substitute
guardian
or
32
temporary
substitute
conservator
shall
make
any
report
the
court
requires.
33
15
-
5
-
126.
REGISTRATION
OF
ORDER
-
-
EFFECT.
(1)
If
a
guardian
has
been
34
appointed
in
another
state
for
an
individual,
and
a
petition
for
guardian
-
35
ship
for
the
individual
is
not
pending
in
this
state,
the
guardian
appointed
36
in
the
other
state,
after
giving
notice
to
the
appointing
court,
may
regis
-
37
ter
the
guardianship
order
in
this
state
by
filing
as
a
foreign
judgment,
in
38
a
court
of
an
appropriate
county
of
this
state,
certified
copies
of
the
order
39
and
letters
of
guardianship.
40
(2)
If
a
conservator
has
been
appointed
in
another
state
for
an
individ
-
41
ual,
and
a
petition
for
conservatorship
for
the
individual
is
not
pending
in
42
this
state,
the
conservator
appointed
for
the
individual
in
the
other
state,
43
after
giving
notice
to
the
appointing
court,
may
register
the
conservator
-
44
ship
in
this
state
by
filing
as
a
foreign
judgment,
in
a
court
of
a
county
in
45
which
property
belonging
to
the
individual
subject
to
conservatorship
is
lo
-
46
cated,
certified
copies
of
the
order
of
conservatorship,
letters
of
conser
-
47
vatorship,
and
any
bond
or
other
asset
-
protection
arrangement
required
by
48
the
court.
49

14
(3)
Upon
registration
under
this
section
of
a
guardianship
or
conserva
-
1
torship
order
from
another
state,
the
guardian
or
conservator
may
exercise
2
in
this
state
all
powers
authorized
in
the
order
except
as
prohibited
by
this
3
chapter
and
law
of
this
state
other
than
this
chapter.
If
the
guardian
or
4
conservator
is
not
a
resident
of
this
state,
the
guardian
or
conservator
may
5
maintain
an
action
or
proceeding
in
this
state
subject
to
any
condition
im
-
6
posed
by
this
state
on
an
action
or
proceeding
by
a
nonresident
party.
7
(4)
The
court
may
grant
any
relief
available
under
this
chapter
and
law
8
of
this
state
other
than
this
chapter
to
enforce
an
order
registered
under
9
this
section.
10
15
-
5
-
127.
GRIEVANCE
AGAINST
GUARDIAN
OR
CONSERVATOR.
(1)
An
individ
-
1
1
ual
who
is
subject
to
guardianship
or
conservatorship,
or
a
person
inter
-
12
ested
in
the
welfare
of
an
individual
subject
to
guardianship
or
conserva
-
13
torship,
that
reasonably
believes
the
guardian
or
conservator
is
breaching
14
the
guardian's
or
conservator's
fiduciary
duty
or
otherwise
acting
in
a
man
-
15
ner
inconsistent
with
this
chapter
may
file
a
grievance
in
a
record
with
the
16
court.
17
(2)
Subject
to
subsection
(3)
of
this
section,
after
receiving
a
18
grievance
under
subsection
(1)
of
this
section,
the
court:
19
(a)
Shall
review
the
grievance
and,
if
necessary
to
determine
the
ap
-
20
propriate
response,
court
records
related
to
the
guardianship
or
con
-
21
servatorship;
22
(b)
Shall
schedule
a
hearing
if
the
individual
subject
to
guardianship
23
or
conservatorship
is
an
adult
and
the
grievance
supports
a
reasonable
24
belief
that:
25
(i)
Removal
of
the
guardian
and
appointment
of
a
successor
may
be
26
appropriate
under
section
15
-
5
-
318,
Idaho
Code;
27
(ii)
Termination
or
modification
of
the
guardianship
may
be
ap
-
28
propriate
under
section
15
-
5
-
319,
Idaho
Code;
29
(iii)
Removal
of
the
conservator
and
appointment
of
a
successor
30
may
be
appropriate
under
section
15
-
5
-
430,
Idaho
Code;
or
31
(iv)
Termination
or
modification
of
the
conservatorship
may
be
32
appropriate
under
section
15
-
5
-
431,
Idaho
Code;
and
33
(c)
May
take
any
action
supported
by
the
evidence,
including:
34
(i)
Ordering
the
guardian
or
conservator
to
provide
the
court
35
a
report,
accounting,
inventory,
updated
plan,
or
other
informa
-
36
tion;
37
(ii)
Appointing
a
guardian
ad
litem;
38
(iii)
Appointing
an
attorney
for
the
individual
subject
to
39
guardianship
or
conservatorship;
or
40
(iv)
Holding
a
hearing.
41
(3)
The
court
may
decline
to
act
under
subsection
(2)
of
this
section
if
42
a
similar
grievance
was
filed
within
the
six
(6)
months
preceding
the
filing
43
of
the
current
grievance
and
the
court
followed
the
procedures
of
subsection
44
(2)
in
considering
the
earlier
grievance.
45
15
-
5
-
128.
DELEGATION
OF
POWERS
BY
PARENT.
A
parent
of
a
minor
or
in
-
46
capacitated
person,
by
a
properly
executed
power
of
attorney,
may
delegate
47
to
another
person,
for
a
period
not
exceeding
six
(6)
months,
or
in
the
case
48

15
of
military
personnel
serving
beyond
the
territorial
limits
of
the
United
1
States
for
a
period
not
exceeding
twelve
(12)
months,
any
of
the
parent's
2
powers
regarding
care,
custody,
or
property
of
the
minor,
including
but
not
3
limited
to
powers
for
medical
care
and
educational
care
of
the
minor,
except
4
the
parent's
power
to
consent
to
marriage
or
adoption
of
a
minor.
The
delega
-
5
tion
for
a
minor
to
a
grandparent
of
the
minor,
or
to
a
sibling
of
the
minor,
6
or
to
a
sibling
of
either
parent
of
the
minor,
shall
continue
in
effect
un
-
7
til
the
time
period,
date,
or
condition
set
forth
in
the
power
of
attorney
for
8
automatic
expiration
of
the
power
of
attorney
occurs.
If
the
power
of
attor
-
9
ney
does
not
provide
a
time
period,
date,
or
condition
for
automatic
expira
-
10
tion
of
the
power,
the
power
of
attorney
shall
continue
in
effect
for
a
period
1
1
of
three
(3)
years.
The
power
may
be
revoked
prior
to
the
expiration
of
the
12
three
(3)
year
period,
or
prior
to
the
time
period,
date,
or
condition
for
au
-
13
tomatic
expiration,
in
a
writing
delivered
to
the
grandparent
or
sibling
by
14
the
delegating
parent.
The
power
of
attorney
does
not
need
to
be
notarized
or
15
recorded
to
be
valid.
However,
if
the
power
is
recorded,
any
revocation
of
16
the
power
by
a
writing
shall
also
be
recorded
before
the
revocation
is
effec
-
17
tive.
18
15
-
5
-
129.
EVIDENCE
IN
PROCEEDINGS
INVOLVING
VETERANS
BENEFITS.
If
19
benefits
derived
from
the
United
States
through
the
veterans
administration
20
are
involved
in
any
proceeding
under
this
chapter,
a
certificate
of
the
ad
-
21
ministrator
or
his
authorized
representative
shall
be
prima
facie
evidence
22
of
the
necessity
of
appointment
of
a
guardian
or
conservator
or
both
if:
23
(1)
It
sets
forth
the
age
of
the
minor
involved
in
the
proceeding
as
24
shown
by
the
records
of
the
veterans
administration
and
the
fact
that
ap
-
25
pointment
is
a
condition
precedent
to
payment
of
any
moneys;
or
26
(2)
It
sets
forth
the
fact
that
a
purportedly
incapacitated
person
in
-
27
volved
in
the
proceeding
has
been
rated
incompetent
by
the
veterans
adminis
-
28
tration
upon
examination
pursuant
to
the
laws
governing
such
administration
29
and
that
appointment
of
a
guardian
is
a
condition
precedent
to
payment
of
any
30
moneys
due
such
incapacitated
person.
31
15
-
5
-
130.
COPIES
OF
PUBLIC
RECORDS
TO
BE
FURNISHED.
When
a
copy
of
any
32
public
record
is
required
by
the
veterans
administration
to
be
used
in
deter
-
33
mining
the
eligibility
of
any
persons
to
participate
in
benefits
made
avail
-
34
able
by
the
veterans
administration,
the
official
custodian
of
such
public
35
records
shall
without
charge
provide
the
applicant
for
such
benefits
or
any
36
person
acting
on
his
behalf
or
the
authorized
representative
of
the
veterans
37
administration
with
a
certified
copy
of
such
record.
38
SECTION
4.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
39
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
40
nated
as
Part
2,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
41
PART
2
42
GUARDIANSHIP
OF
MINOR
43
15
-
5
-
201.
BASIS
FOR
APPOINTMENT
OF
GUARDIAN
FOR
MINOR.
(1)
Testamen
-
44
tary
appointment
of
guardian
of
minor.
A
parent
of
a
minor
may
appoint
a
45
guardian
of
an
unmarried
minor
by
will,
subject
to
the
right
of
the
minor
to
46

16
object
to
the
appointment.
The
termination
of
parental
rights
of
a
parent
1
as
to
the
minor
shall
also
terminate
the
right
of
that
parent
to
appoint
a
2
guardian
for
the
minor.
A
testamentary
appointment
becomes
effective
upon
3
the
filing
of
the
guardian's
acceptance
in
the
court
in
which
the
will
is
4
probated,
if,
at
the
decedent's
death,
no
parent
of
the
minor
was
alive
who
5
had
a
right
to
appoint
a
guardian
for
the
minor.
This
state
recognizes
a
6
testamentary
appointment
effected
by
the
guardian's
acceptance
under
a
will
7
probated
in
another
state
that
is
the
testator's
domicile.
Written
notice
8
of
acceptance
of
the
appointment
shall
be
given
by
the
guardian
to
the
mi
-
9
nor
and
to
the
person
having
his
custody,
or
if
none,
to
the
person
having
10
his
care,
or
if
none,
to
his
nearest
adult
relation
immediately
upon
accep
-
1
1
tance
of
appointment.
The
parent
may
appoint
by
will
one
(1)
or
more
alter
-
12
nate
guardians,
in
order
of
priority.
If
a
guardian
appointed
by
will
fails
13
to
accept
guardianship
within
thirty
(30)
days
after
the
will
is
probated,
14
or
files
a
notice
of
declination
to
accept
appointment
prior
to
the
running
15
of
the
thirty
(30)
day
period,
or
is
deceased,
or
ceases
to
act
after
accep
-
16
tance,
then
the
alternate
guardian
next
in
priority
becomes
the
appointed
17
guardian
and
may
file
a
written
notice
of
acceptance
in
the
court
in
which
the
18
will
is
probated.
19
(2)
Objection
by
minor
twelve
(12)
years
of
age
or
older.
A
minor
20
twelve
(12)
years
of
age
or
older
may
prevent
an
appointment
of
his
testamen
-
21
tary
guardian
from
becoming
effective,
or
may
cause
a
previously
accepted
22
appointment
to
terminate,
by
filing
with
the
court
in
which
the
will
is
23
probated
a
written
objection
to
the
appointment
before
it
is
accepted
or
24
within
thirty
(30)
days
after
notice
of
its
acceptance.
An
objection
may
be
25
withdrawn.
In
the
event
of
such
objection,
the
alternate
guardian
next
in
26
priority
named
in
the
will
may
accept
appointment,
and
the
minor
shall
have
27
the
same
right
of
objection.
An
objection
does
not
preclude
appointment
by
28
the
court
in
a
proper
proceeding
by
the
testamentary
nominee
or
any
other
29
suitable
person.
30
(3)
Testamentary
appointment
of
guardian
for
incapacitated
person
or
31
developmentally
disabled
person.
32
(a)
The
parent
of
an
incapacitated
person
or
developmentally
disabled
33
person
may
by
will
appoint
a
guardian
of
the
incapacitated
person
or
de
-
34
velopmentally
disabled
person.
A
testamentary
appointment
by
a
parent
35
becomes
effective
when,
after
having
given
seven
(7)
days'
prior
writ
-
36
ten
notice
of
his
intention
to
do
so
to
the
incapacitated
person
or
de
-
37
velopmentally
disabled
person
and
to
the
person
having
his
care
or
to
38
his
nearest
adult
relative,
the
guardian
files
acceptance
of
appoint
-
39
ment
in
the
court
in
which
the
will
is
informally
or
formally
probated,
40
if
prior
thereto
both
parents
are
dead
or
the
surviving
parent
is
ad
-
41
judged
incapacitated.
If
both
parents
are
dead,
an
effective
appoint
-
42
ment
by
the
parent
who
died
later
has
priority
unless
it
is
terminated
by
43
the
denial
of
probate
in
formal
proceedings.
44
(b)
The
spouse
of
a
married
incapacitated
person
or
developmentally
45
disabled
person
may
by
will
appoint
a
guardian
of
the
incapacitated
46
person
or
developmentally
disabled
person.
The
appointment
becomes
47
effective
when,
after
having
given
seven
(7)
days'
prior
written
notice
48
of
his
intention
to
do
so
to
the
incapacitated
person
or
developmentally
49
disabled
person
and
to
the
person
having
his
care
or
to
his
nearest
adult
50

17
relative,
the
guardian
files
acceptance
of
appointment
in
the
court
1
in
which
the
will
is
informally
or
formally
probated.
An
effective
2
appointment
by
a
spouse
has
priority
over
an
appointment
by
a
parent
3
unless
it
is
terminated
by
the
denial
of
probate
in
formal
proceedings.
4
(c)
This
state
shall
recognize
a
testamentary
appointment
effected
by
5
filing
acceptance
under
a
will
probated
at
the
testator's
domicile
in
6
another
state.
7
(d)
Upon
the
filing
with
the
court
in
which
the
will
was
probated
of
8
written
objection
to
the
appointment
by
the
person
for
whom
a
tes
-
9
tamentary
appointment
of
guardian
has
been
made,
the
appointment
is
10
terminated.
An
objection
does
not
prevent
appointment
by
the
court
in
1
1
a
proper
proceeding
of
the
testamentary
nominee
or
any
other
suitable
12
person
upon
an
adjudication
of
incapacity
in
proceedings
under
the
suc
-
13
ceeding
sections
of
this
part.
14
(e)
If
the
appointment
by
will
is
for
a
developmentally
disabled
person
15
and
there
is
an
existing
guardianship
proceeding
under
chapter
4,
ti
-
16
tle
66,
Idaho
Code,
or
under
this
chapter,
in
which
the
decedent
was
the
17
sole
guardian,
the
guardian
appointed
by
will
shall
also
give
seven
(7)
18
days'
written
notice
of
his
intention
to
file
an
acceptance
of
appoint
-
19
ment
to
any
then
-
serving
guardian
ad
litem
for
the
developmentally
dis
-
20
abled
person
in
such
proceeding
and
to
the
department
of
health
and
wel
-
21
fare
for
the
region
in
which
the
proceeding
was
brought.
22
(4)
Court
appointment
of
guardian
of
minor
and
conditions
for
appoint
-
23
ment.
24
(a)
The
court
may
appoint
a
guardian
for
an
unmarried
minor
if
all
25
parental
rights
of
custody
have
been
terminated
by
prior
court
order
26
or
upon
a
finding
that
the
child
has
been
neglected,
abused,
or
aban
-
27
doned
or
that
the
child's
parents
are
unable
to
provide
a
stable
home
28
environment.
As
used
in
this
subsection,
"abandoned,"
"abused,"
and
29
"neglected"
shall
have
the
same
meaning
as
provided
in
section
16
-
1602,
30
Idaho
Code.
Failure
to
maintain
a
normal
parental
relationship
with
the
31
child
without
just
cause
for
a
period
of
six
(6)
months
shall
constitute
32
prima
facie
evidence
of
abandonment.
Except
in
those
circumstances
de
-
33
scribed
in
subsections
(2)
and
(3)
of
this
section
and
where
a
temporary
34
guardianship
has
been
created
at
the
request
of
a
parent
on
active
duty
35
in
or
deployment
with
the
United
States
armed
forces,
the
court
shall
36
consider
the
best
interest
of
the
child
as
the
primary
factor
in
the
de
-
37
termination
whether
to
appoint,
and
whom
to
appoint
as,
a
guardian
for
38
such
child.
In
determining
the
choice
of
a
guardian
for
an
unmarried
39
minor,
the
advanced
age
or
disability
of
a
potential
guardian
shall
not,
40
in
and
of
itself,
be
used
as
a
criterion
of
the
suitability
of
the
poten
-
41
tial
guardian
as
long
as
the
potential
guardian
is
otherwise
suitable.
42
A
guardian
appointed
by
will,
as
provided
in
subsection
(1)
of
this
43
section,
whose
appointment
has
not
been
prevented
or
nullified,
as
pro
-
44
vided
in
subsection
(2)
of
this
section,
has
priority
over
any
guardian
45
who
may
be
appointed
by
the
court,
but
the
court
may
proceed
with
an
ap
-
46
pointment
nonetheless
upon
a
finding
that
the
testamentary
guardian
has
47
failed
to
accept
the
testamentary
appointment
within
thirty
(30)
days
48
after
notice
of
the
guardianship
proceeding.
49

18
(b)
The
extended
absence
of
a
parent
due
to
active
duty
in
or
deployment
1
with
the
United
States
armed
forces
shall
not
by
itself
constitute
ne
-
2
glect,
abuse,
abandonment,
or
failure
to
provide
a
stable
home
environ
-
3
ment.
4
(c)
Any
guardianship
granted
at
the
request
of
or
required
by
the
United
5
States
armed
forces
or
at
the
request
of
a
parent
while
on
active
duty
6
in
or
deployment
with
the
United
States
armed
forces,
which
duty
or
de
-
7
ployment
does
not
constitute
neglect,
abuse,
abandonment,
or
failure
8
to
provide
a
stable
home
environment,
shall
be
terminated
immediately
9
upon
the
conclusion
of
the
original
circumstances
necessitating
the
10
creation
of
the
temporary
guardianship
or
the
filing
of
a
termination
1
1
report
by
the
parent
indicating
the
parent's
intent
to
resume
all
care,
12
custody,
and
control
of
the
minor.
13
15
-
5
-
202.
PETITION
FOR
APPOINTMENT
OF
GUARDIAN
FOR
MINOR.
(1)
A
person
14
interested
in
the
welfare
of
a
minor,
including
the
minor,
may
petition
for
15
appointment
of
a
guardian
for
the
minor.
16
(2)
A
petition
under
subsection
(1)
of
this
section
shall
state
the
17
petitioner's
name,
principal
residence,
current
street
address,
email
ad
-
18
dress,
phone
number,
relationship
to
the
minor,
interest
in
the
appointment,
19
and,
if
known,
the
name,
address,
email
address,
and
phone
number
of
any
at
-
20
torney
representing
the
petitioner,
and,
to
the
extent
known,
the
following:
21
(a)
The
minor's
name,
age,
principal
residence,
current
street
ad
-
22
dress,
if
different,
and,
if
different,
address
of
the
dwelling
in
which
23
it
is
proposed
the
minor
will
reside
if
the
appointment
is
made;
24
(b)
The
name,
current
street
address,
email
address,
and
phone
number,
25
if
known,
of
the
minor's
parents;
26
(c)
The
name,
address,
email
address,
and
phone
number,
if
known,
of
27
each
person
that
had
primary
care
or
custody
of
the
minor
for
at
least
28
sixty
(60)
days
during
the
two
(2)
years
immediately
before
the
filing
29
of
the
petition
or
for
at
least
seven
hundred
thirty
(730)
days
during
30
the
five
(5)
years
immediately
before
the
filing
of
the
petition;
31
(d)
The
name,
address,
email
address,
and
phone
number
of
any
attorney
32
for
the
minor
and
any
attorney
for
each
parent
of
the
minor;
33
(e)
The
reason
guardianship
is
sought
and
would
be
in
the
best
interest
34
of
the
minor;
35
(f)
The
name,
address,
email
address,
and
phone
number,
if
known,
of
36
any
proposed
guardian
and
the
reason
the
proposed
guardian
should
be
se
-
37
lected;
38
(g)
If
the
minor
has
property
other
than
personal
effects,
a
general
39
statement
of
the
minor's
property
with
an
estimate
of
its
value;
40
(h)
Whether
the
minor
needs
an
interpreter,
translator,
or
other
form
41
of
support
to
communicate
effectively
with
the
court
or
understand
42
court
proceedings;
43
(i)
Whether
any
parent
of
the
minor
needs
an
interpreter,
translator,
44
or
other
form
of
support
to
communicate
effectively
with
the
court
or
45
understand
court
proceedings;
and
46
(j)
Whether
any
other
proceeding
concerning
the
care
or
custody
of
the
47
minor
is
pending
in
any
court
in
this
state
or
another
jurisdiction.
48

19
15
-
5
-
203.
NOTICE
OF
HEARING
FOR
APPOINTMENT
OF
GUARDIAN
FOR
MINOR.
(1)
1
If
a
petition
is
filed
under
section
15
-
5
-
202,
Idaho
Code,
the
court
shall
2
schedule
a
hearing
and
the
petitioner
shall:
3
(a)
Serve
notice
of
the
date,
time,
and
place
of
the
hearing,
together
4
with
a
copy
of
the
petition,
personally
on
each
of
the
following
that
is
5
not
the
petitioner:
6
(i)
The
minor,
if
the
minor
will
be
twelve
(12)
years
of
age
or
7
older
at
the
time
of
the
hearing;
8
(ii)
Each
parent
of
the
minor
or,
if
there
is
none,
the
adult
near
-
9
est
in
kinship
who
can
be
found
with
reasonable
diligence;
10
(iii)
Any
adult
with
whom
the
minor
resides;
1
1
(iv)
Each
person
that
had
primary
care
or
custody
of
the
minor
12
for
at
least
sixty
(60)
days
during
the
two
(2)
years
immediately
13
before
the
filing
of
the
petition
or
for
at
least
seven
hundred
14
thirty
(730)
days
during
the
five
(5)
years
immediately
before
the
15
filing
of
the
petition;
and
16
(v)
Any
other
person
the
court
determines
should
receive
personal
17
service
of
notice;
and
18
(b)
Give
notice
under
section
15
-
5
-
113,
Idaho
Code,
of
the
date,
time,
19
and
place
of
the
hearing,
together
with
a
copy
of
the
petition,
to:
20
(i)
Any
person
nominated
as
guardian
by
the
minor,
if
the
minor
is
21
twelve
(12)
years
of
age
or
older;
22
(ii)
Any
nominee
of
a
parent;
23
(iii)
Each
grandparent
and
adult
sibling
of
the
minor;
24
(iv)
Any
guardian
or
conservator
acting
for
the
minor
in
any
ju
-
25
risdiction;
and
26
(v)
Any
other
person
as
the
court
determines.
27
(2)
Notice
required
by
subsection
(1)
of
this
section
shall
include
a
28
statement
of
the
right
to
request
appointment
of
an
attorney
for
the
minor
29
or
to
object
to
appointment
of
a
guardian
and
a
description
of
the
nature,
30
purpose,
and
consequences
of
appointment
of
a
guardian.
31
(3)
The
court
may
not
grant
a
petition
for
guardianship
of
a
minor
if
32
notice
substantially
complying
with
subsection
(1)(a)
of
this
section
is
not
33
served
on:
34
(a)
The
minor,
if
the
minor
is
twelve
(12)
years
of
age
or
older;
and
35
(b)
Each
parent
of
the
minor,
unless
the
court
finds
by
clear
and
con
-
36
vincing
evidence
that
the
parent
cannot
with
due
diligence
be
located
37
and
served
or
the
parent
waived,
in
a
record,
the
right
to
notice.
38
(4)
If
a
petitioner
is
unable
to
serve
notice
under
subsection
(1)(a)
39
of
this
section
on
a
parent
of
a
minor
or
alleges
that
the
parent
waived,
in
40
a
record,
the
right
to
notice
under
this
section,
the
court
shall
appoint
a
41
visitor
who
shall:
42
(a)
Interview
the
petitioner
and
the
minor;
43
(b)
If
the
petitioner
alleges
the
parent
cannot
be
located,
ascertain
44
whether
the
parent
cannot
be
located
with
due
diligence;
and
45
(c)
Investigate
any
other
matter
relating
to
the
petition
as
the
court
46
directs.
47

20
15
-
5
-
204.
ATTORNEY
FOR
MINOR
OR
PARENT.
(1)
The
court
may,
in
the
dis
-
1
cretion
of
the
court,
appoint
an
attorney
to
represent
a
minor
who
is
the
sub
-
2
ject
of
a
proceeding
under
section
15
-
5
-
202,
Idaho
Code,
if:
3
(a)
Requested
by
the
minor
and
the
minor
is
twelve
(12)
years
of
age
or
4
older;
5
(b)
Recommended
by
a
guardian
ad
litem;
or
6
(c)
The
court
determines
the
minor
needs
representation.
7
(2)
An
attorney
appointed
under
subsection
(1)
of
this
section
shall:
8
(a)
Make
a
reasonable
effort
to
ascertain
the
minor's
wishes;
9
(b)
Advocate
for
the
minor's
wishes
to
the
extent
reasonably
ascertain
-
10
able;
and
1
1
(c)
If
the
minor's
wishes
are
not
reasonably
ascertainable,
advocate
12
for
the
minor's
best
interest.
13
(3)
A
minor
who
is
the
subject
of
a
proceeding
under
section
15
-
5
-
202,
14
Idaho
Code,
may
retain
an
attorney
to
represent
the
minor
in
the
proceeding.
15
(4)
A
parent
of
a
minor
who
is
the
subject
of
a
proceeding
under
section
16
15
-
5
-
202,
Idaho
Code,
may
retain
an
attorney
to
represent
the
parent
in
the
17
proceeding.
18
(5)
The
court
may,
in
the
discretion
of
the
court,
appoint
an
attorney
19
to
represent
a
parent
of
a
minor
who
is
the
subject
of
a
proceeding
under
sec
-
20
tion
15
-
5
-
202,
Idaho
Code,
if:
21
(a)
The
parent
objects
to
appointment
of
a
guardian
for
the
minor;
22
(b)
The
court
determines
that
counsel
is
needed
to
ensure
that
consent
23
to
appointment
of
a
guardian
is
informed;
or
24
(c)
The
court
otherwise
determines
the
parent
needs
representation.
25
15
-
5
-
205.
ATTENDANCE
AND
PARTICIPATION
AT
HEARING
FOR
APPOINTMENT
OF
26
GUARDIAN
FOR
MINOR.
(1)
The
court
shall
require
a
minor
who
is
the
subject
of
27
a
hearing
under
section
15
-
5
-
203,
Idaho
Code,
to
attend
the
hearing
and
al
-
28
low
the
minor
to
participate
in
the
hearing
unless
the
court
determines,
by
29
clear
and
convincing
evidence
presented
at
the
hearing
or
a
separate
hear
-
30
ing,
that:
31
(a)
The
minor
consistently
and
repeatedly
refused
to
attend
the
hearing
32
after
being
fully
informed
of
the
right
to
attend
and,
if
the
minor
is
33
twelve
(12)
years
of
age
or
older,
the
potential
consequences
of
failing
34
to
attend;
35
(b)
There
is
no
practicable
way
for
the
minor
to
attend
the
hearing;
36
(c)
The
minor
lacks
the
ability
or
maturity
to
participate
meaningfully
37
in
the
hearing;
or
38
(d)
Attendance
would
be
harmful
to
the
minor.
39
(2)
Unless
excused
by
the
court
for
good
cause,
the
person
proposed
to
40
be
appointed
as
guardian
for
a
minor
shall
attend
a
hearing
under
section
41
15
-
5
-
203,
Idaho
Code.
42
(3)
Each
parent
of
a
minor
who
is
the
subject
of
a
hearing
under
section
43
15
-
5
-
203,
Idaho
Code,
has
the
right
to
attend
the
hearing.
44
(4)
A
person
may
request
permission
to
participate
in
a
hearing
under
45
section
15
-
5
-
203,
Idaho
Code.
The
court
may
grant
the
request,
with
or
with
-
46
out
hearing,
upon
determining
that
it
is
in
the
best
interest
of
the
minor
who
47
is
the
subject
of
the
hearing.
The
court
may
impose
appropriate
conditions
48
on
the
person's
participation.
49

21
15
-
5
-
206.
ORDER
OF
APPOINTMENT
-
-
PRIORITY
OF
NOMINEE
-
-
LIMITED
1
GUARDIANSHIP
FOR
MINOR.
(1)
After
a
hearing
under
section
15
-
5
-
203,
Idaho
2
Code,
the
court
may
appoint
a
guardian
for
a
minor,
if
appointment
is
proper
3
under
section
15
-
5
-
201,
Idaho
Code,
dismiss
the
proceeding,
or
take
other
4
appropriate
action
consistent
with
this
chapter
or
law
of
this
state
other
5
than
this
chapter.
6
(2)
In
appointing
a
guardian
under
subsection
(1)
of
this
section,
the
7
following
rules
apply:
8
(a)
The
court
shall
appoint
a
person
nominated
as
guardian
by
a
par
-
9
ent
of
the
minor
in
a
will
or
other
record
as
provided
in
section
15
-
5
-
10
201(1),
Idaho
Code,
unless
the
court
finds
the
appointment
is
contrary
1
1
to
the
best
interest
of
the
minor.
12
(b)
If
multiple
parents
have
nominated
different
persons
to
serve
as
13
guardian,
the
court
shall
appoint
the
nominee
whose
appointment
is
in
14
the
best
interest
of
the
minor,
unless
the
court
finds
that
appointment
15
of
none
of
the
nominees
is
in
the
best
interest
of
the
minor.
16
(c)
If
a
guardian
is
not
appointed
under
paragraph
(a)
or
(b)
of
this
17
subsection,
the
court
shall
appoint
the
person
nominated
by
the
minor
18
if
the
minor
is
twelve
(12)
years
of
age
or
older
unless
the
court
finds
19
that
appointment
is
contrary
to
the
best
interest
of
the
minor.
In
that
20
case,
the
court
shall
appoint
as
guardian
a
person
whose
appointment
is
21
in
the
best
interest
of
the
minor.
22
(3)
In
the
interest
of
maintaining
or
encouraging
involvement
by
a
mi
-
23
nor's
parent
in
the
minor's
life,
developing
self
-
reliance
of
the
minor,
or
24
for
other
good
cause,
the
court,
at
the
time
of
appointment
of
a
guardian
25
for
the
minor
or
later,
on
its
own
or
on
motion
of
the
minor
or
other
inter
-
26
ested
person,
may
create
a
limited
guardianship
by
limiting
the
powers
oth
-
27
erwise
granted
by
this
part
to
the
guardian.
Following
the
same
procedure,
28
the
court
may
grant
additional
powers
or
withdraw
powers
previously
granted.
29
(4)
The
court,
as
part
of
an
order
appointing
a
guardian
for
a
minor,
30
shall
state
rights
retained
by
any
parent
of
the
minor
that
may
include
con
-
31
tact
or
visitation
with
the
minor,
decision
-
making
regarding
the
minor's
32
health
care,
education,
or
other
matter,
or
access
to
a
record
regarding
the
33
minor.
34
(5)
An
order
granting
a
guardianship
for
a
minor
shall
state
that
each
35
parent
of
the
minor
is
entitled
to
notice
that:
36
(a)
The
guardian
has
delegated
custody
of
the
minor
subject
to
37
guardianship;
38
(b)
The
court
has
modified
or
limited
the
powers
of
the
guardian;
or
39
(c)
The
court
has
removed
the
guardian.
40
(6)
An
order
granting
a
guardianship
for
a
minor
shall
identify
any
41
person
in
addition
to
a
parent
of
the
minor
who
is
entitled
to
notice
of
the
42
events
listed
in
subsection
(5)
of
this
section.
43
15
-
5
-
207.
DE
FACTO
CUSTODIAN.
If
a
court
determines
by
clear
and
con
-
44
vincing
evidence
that
a
person
meets
the
definition
of
a
de
facto
custodian
45
and
that
recognition
of
the
de
facto
custodian
is
in
the
best
interest
of
the
46
child,
the
court
shall
give
the
person
the
same
standing
that
is
given
to
each
47
parent
in
proceedings
for
appointment
of
a
guardian
of
a
minor.
In
determin
-
48

22
ing
whether
recognition
of
a
de
facto
custodian
is
in
the
child's
best
inter
-
1
est,
the
court
shall
consider:
2
(1)
Whether
the
child
is
currently
residing
with
the
person
seeking
3
such
standing;
and
4
(2)
If
the
child
is
not
currently
residing
with
the
person
seeking
such
5
standing,
the
length
of
time
since
the
person
served
as
the
child's
primary
6
caregiver
and
primary
financial
supporter.
7
15
-
5
-
208.
EMERGENCY
GUARDIAN
FOR
MINOR.
(1)
On
its
own,
or
on
petition
8
by
a
person
interested
in
a
minor's
welfare,
the
court
may
appoint
an
emer
-
9
gency
guardian
for
the
minor
if
the
court
finds:
10
(a)
Appointment
of
an
emergency
guardian
is
likely
to
prevent
substan
-
1
1
tial
harm
to
the
minor's
health,
safety,
or
welfare;
and
12
(b)
No
other
person
appears
to
have
authority
and
willingness
to
act
in
13
the
circumstances.
14
(2)
The
duration
of
authority
of
an
emergency
guardian
for
a
minor
may
15
not
exceed
ninety
(90)
days,
and
the
emergency
guardian
may
exercise
only
the
16
powers
specified
in
the
order
of
appointment.
The
emergency
guardian's
au
-
17
thority
may
be
extended
once
for
not
more
than
ninety
(90)
days
if
the
court
18
finds
that
the
conditions
for
appointment
of
an
emergency
guardian
in
sub
-
19
section
(1)
of
this
section
continue.
20
(3)
Except
as
otherwise
provided
in
subsection
(4)
of
this
section,
21
reasonable
notice
of
the
date,
time,
and
place
of
a
hearing
on
a
petition
for
22
appointment
of
an
emergency
guardian
for
a
minor
shall
be
given
to:
23
(a)
The
minor,
if
the
minor
is
twelve
(12)
years
of
age
or
older;
24
(b)
Any
attorney
appointed
under
section
15
-
5
-
204,
Idaho
Code;
25
(c)
Each
parent
of
the
minor;
26
(d)
Any
person,
other
than
a
parent,
having
care
or
custody
of
the
mi
-
27
nor;
and
28
(e)
Any
other
person
as
the
court
determines.
29
(4)
The
court
may
appoint
an
emergency
guardian
for
a
minor
without
no
-
30
tice
under
subsection
(3)
of
this
section
and
without
a
hearing
only
if
the
31
court
finds
from
an
affidavit
or
testimony
that
the
minor's
health,
safety,
32
or
welfare
will
be
substantially
harmed
before
a
hearing
with
notice
on
the
33
appointment
can
be
held.
If
the
court
appoints
an
emergency
guardian
with
-
34
out
notice
to
an
unrepresented
minor
or
the
attorney
for
a
represented
mi
-
35
nor,
notice
of
the
appointment
shall
be
given
not
later
than
forty
-
eight
(48)
36
hours
after
the
appointment
to
the
individuals
listed
in
subsection
(3)
of
37
this
section.
Not
later
than
seven
(7)
days
after
the
appointment,
the
court
38
shall
hold
a
hearing
on
the
appropriateness
of
the
appointment.
39
(5)
Appointment
of
an
emergency
guardian
under
this
section,
with
or
40
without
notice,
is
not
a
determination
that
a
basis
exists
for
appointment
of
41
a
guardian
under
section
15
-
5
-
201,
Idaho
Code.
42
(6)
The
court
may
remove
an
emergency
guardian
appointed
under
this
43
section
at
any
time.
The
emergency
guardian
shall
make
any
report
the
court
44
requires.
45
15
-
5
-
209.
DUTIES
OF
GUARDIAN
FOR
MINOR.
(1)
A
guardian
for
a
minor
is
a
46
fiduciary.
Except
as
otherwise
limited
by
the
court,
a
guardian
for
a
minor
47
has
the
duties
and
responsibilities
of
a
parent
regarding
the
minor's
sup
-
48

23
port,
care,
education,
health,
safety,
visitation,
and
welfare.
A
guardian
1
shall
act
in
the
minor's
best
interest
and
exercise
reasonable
care,
dili
-
2
gence,
and
prudence.
3
(2)
A
guardian
for
a
minor
shall:
4
(a)
Be
personally
acquainted
with
the
minor
and
maintain
sufficient
5
contact
with
the
minor
to
know
the
minor's
abilities,
limitations,
6
needs,
opportunities,
and
physical
and
mental
health;
7
(b)
Provide
opportunities
for
visitation
and,
absent
a
court
order,
ar
-
8
range
for
visitation;
9
(c)
Take
reasonable
care
of
the
minor's
personal
effects
and
bring
a
10
proceeding
for
a
conservatorship
or
protective
arrangement
instead
of
1
1
conservatorship
if
necessary
to
protect
other
property
of
the
minor;
12
(d)
Expend
funds
of
the
minor
that
have
been
received
by
the
guardian
13
for
the
minor's
current
needs
for
support,
care,
education,
health,
14
safety,
and
welfare;
15
(e)
Conserve
any
funds
of
the
minor
not
expended
under
paragraph
(d)
of
16
this
subsection
for
the
minor's
future
needs,
but
if
a
conservator
is
17
appointed
for
the
minor,
pay
the
funds
at
least
quarterly
to
the
conser
-
18
vator
to
be
conserved
for
the
minor's
future
needs;
19
(f)
Report
the
condition
of
the
minor
and
account
for
funds
and
other
20
property
of
the
minor
in
the
guardian's
possession
or
subject
to
the
21
guardian's
control,
as
required
by
court
rule
or
ordered
by
the
court
on
22
application
of
a
person
interested
in
the
minor's
welfare;
23
(g)
Inform
the
court
of
any
change
in
the
minor's
dwelling
or
address;
24
and
25
(h)
In
determining
what
is
in
the
minor's
best
interest,
take
into
ac
-
26
count
the
minor's
preferences,
to
the
extent
actually
known
or
reason
-
27
ably
ascertainable
by
the
guardian.
28
15
-
5
-
210.
POWERS
OF
GUARDIAN
FOR
MINOR.
(1)
Except
as
otherwise
lim
-
29
ited
by
court
order,
a
guardian
of
a
minor
has
the
powers
a
parent
otherwise
30
would
have
regarding
the
minor's
support,
care,
education,
health,
safety,
31
visitation,
and
welfare.
32
(2)
Except
as
otherwise
limited
by
court
order,
a
guardian
for
a
minor
33
may:
34
(a)
Apply
for
and
receive
funds
and
benefits
otherwise
payable
for
the
35
support
of
the
minor
to
the
minor's
parent,
guardian,
or
custodian
under
36
a
statutory
system
of
benefits
or
insurance
or
any
private
contract,
de
-
37
vise,
trust,
conservatorship,
or
custodianship;
38
(b)
Unless
inconsistent
with
a
court
order
entitled
to
recognition
in
39
this
state,
take
custody
of
the
minor
and
establish
the
minor's
place
of
40
dwelling
and,
on
authorization
of
the
court,
establish
or
move
the
mi
-
41
nor's
dwelling
outside
this
state;
42
(c)
If
the
minor
is
not
subject
to
conservatorship,
commence
a
proceed
-
43
ing,
including
an
administrative
proceeding,
or
take
other
appropriate
44
action
to
compel
a
person
to
support
the
minor
or
make
a
payment
for
the
45
benefit
of
the
minor;
46
(d)
Consent
to
health
or
other
care,
treatment,
or
service
for
the
mi
-
47
nor;
or
48

24
(e)
To
the
extent
reasonable,
delegate
to
the
minor
responsibility
for
1
a
decision
affecting
the
minor's
well
-
being.
2
(3)
The
court
may
authorize
a
guardian
for
a
minor
to
consent
to
the
3
adoption
of
the
minor
if
the
minor
does
not
have
a
parent.
4
(4)
A
guardian
for
a
minor
may
consent
to
the
marriage
of
the
minor
if
5
authorized
by
the
court.
6
15
-
5
-
211.
REMOVAL
OF
GUARDIAN
FOR
MINOR
-
-
TERMINATION
OF
GUARDIAN
-
7
SHIP
-
-
APPOINTMENT
OF
SUCCESSOR.
(1)
Guardianship
under
this
chapter
for
a
8
minor
terminates:
9
(a)
Upon
the
minor's
death,
adoption,
emancipation,
or
attainment
of
10
majority;
or
1
1
(b)
When
the
court
finds
that
the
standard
in
section
15
-
5
-
201,
Idaho
12
Code,
for
appointment
of
a
guardian
is
not
satisfied,
unless
the
court
13
finds
that:
14
(i)
Termination
of
the
guardianship
would
be
harmful
to
the
mi
-
15
nor;
and
16
(ii)
The
minor's
interest
in
the
continuation
of
the
guardianship
17
outweighs
the
interest
of
any
parent
of
the
minor
in
restoration
of
18
the
parent's
right
to
make
decisions
for
the
minor.
19
(2)
A
minor
subject
to
guardianship
or
a
person
interested
in
the
wel
-
20
fare
of
the
minor
may
petition
the
court
to
terminate
the
guardianship,
mod
-
21
ify
the
guardianship,
remove
the
guardian,
and
appoint
a
successor
guardian.
22
(3)
A
petitioner
under
subsection
(2)
of
this
section
shall
give
notice
23
of
the
hearing
on
the
petition
to
the
minor,
if
the
minor
is
twelve
(12)
years
24
of
age
or
older
and
is
not
the
petitioner,
to
the
guardian,
to
each
parent
of
25
the
minor,
and
to
any
other
person
as
the
court
determines.
26
(4)
Not
later
than
thirty
(30)
days
after
appointment
of
a
successor
27
guardian
for
a
minor,
the
successor
guardian
shall
give
notice
of
the
ap
-
28
pointment
to
the
minor
subject
to
guardianship,
if
the
minor
is
twelve
(12)
29
years
of
age
or
older,
each
parent
of
the
minor,
and
any
other
person
as
the
30
court
determines.
31
(5)
When
terminating
a
guardianship
for
a
minor
under
this
section,
the
32
court
may
issue
an
order
providing
for
transitional
arrangements
that
will
33
assist
the
minor
with
a
transition
of
custody
and
is
in
the
best
interest
of
34
the
minor.
35
(6)
A
guardian
for
a
minor
that
is
removed
shall
cooperate
with
a
suc
-
36
cessor
guardian
to
facilitate
transition
of
the
guardian's
responsibilities
37
and
protect
the
best
interest
of
the
minor.
38
SECTION
5.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
39
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
40
nated
as
Part
3,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
41
PART
3
42
GUARDIANSHIP
OF
ADULT
43
15
-
5
-
301.
BASIS
FOR
APPOINTMENT
OF
GUARDIAN
FOR
ADULT.
(1)
Upon
peti
-
44
tion
and
after
notice
and
hearing,
the
court
may:
45
(a)
Appoint
a
guardian
for
an
adult
if
the
court
finds
by
clear
and
con
-
46
vincing
evidence
that:
47

25
(i)
The
respondent
lacks
the
ability
to
meet
essential
re
-
1
quirements
for
physical
health,
safety,
or
self
-
care
because
the
2
respondent
is
unable
to
receive
and
evaluate
information
or
make
3
or
communicate
decisions,
even
with
appropriate
supportive
ser
-
4
vices,
technological
assistance,
or
supported
decision
-
making;
5
and
6
(ii)
The
respondent's
identified
needs
cannot
be
met
by
a
protec
-
7
tive
arrangement
instead
of
guardianship
or
other
less
restric
-
8
tive
alternative;
or
9
(b)
With
appropriate
findings,
treat
the
petition
as
one
for
a
conser
-
10
vatorship
under
part
4
of
this
chapter
or
a
protective
arrangement
under
1
1
part
5
of
this
chapter,
issue
any
appropriate
order,
or
dismiss
the
pro
-
12
ceeding.
13
(2)
The
court
shall
grant
a
guardian
appointed
under
subsection
(1)
of
14
this
section
only
those
powers
necessitated
by
the
demonstrated
needs
and
15
limitations
of
the
respondent
and
issue
orders
that
will
encourage
develop
-
16
ment
of
the
respondent's
maximum
self
-
determination
and
independence.
The
17
court
may
not
establish
a
full
guardianship
if
a
limited
guardianship,
pro
-
18
tective
arrangement
instead
of
guardianship,
or
other
less
restrictive
al
-
19
ternatives
would
meet
the
needs
of
the
respondent.
20
15
-
5
-
302.
PETITION
FOR
APPOINTMENT
OF
GUARDIAN
FOR
ADULT.
(1)
A
person
21
interested
in
an
adult's
welfare,
including
the
adult
for
whom
the
order
is
22
sought,
may
petition
for
appointment
of
a
guardian
for
the
adult.
23
(2)
A
petition
under
subsection
(1)
of
this
section
shall
state
the
pe
-
24
titioner's
name,
principal
residence,
current
street
address,
if
differ
-
25
ent,
email
address,
phone
number,
relationship
to
the
respondent,
interest
26
in
the
appointment,
the
name
and
address
of
any
attorney
representing
the
pe
-
27
titioner,
and,
to
the
extent
known,
the
following:
28
(a)
The
respondent's
name,
age,
principal
residence,
current
street
29
address,
if
different,
and,
if
different,
address
of
the
dwelling
in
30
which
it
is
proposed
the
respondent
will
reside
if
the
petition
is
31
granted;
32
(b)
The
name
and
address
of
the
respondent's:
33
(i)
Spouse
or,
if
the
respondent
has
none,
an
adult
with
whom
the
34
respondent
has
shared
household
responsibilities
for
more
than
35
six
(6)
months
in
the
twelve
(12)
month
period
immediately
before
36
the
filing
of
the
petition;
37
(ii)
Adult
children
or,
if
none,
each
parent
and
adult
sibling
of
38
the
respondent
or,
if
none,
at
least
one
(1)
adult
nearest
in
kin
-
39
ship
to
the
respondent
who
can
be
found
with
reasonable
diligence;
40
and
41
(iii)
Adult
stepchildren
whom
the
respondent
actively
parented
42
during
the
stepchildren's
minor
years
and
with
whom
the
respondent
43
had
an
ongoing
relationship
in
the
two
(2)
year
period
immediately
44
before
the
filing
of
the
petition;
45
(c)
The
name
and
current
address
of
each
of
the
following,
if
applica
-
46
ble:
47
(i)
A
person
responsible
for
care
of
the
respondent;
48
(ii)
Any
attorney
currently
representing
the
respondent;
49

26
(iii)
Any
representative
payee
appointed
by
the
social
security
1
administration
for
the
respondent;
2
(iv)
A
guardian
or
conservator
acting
for
the
respondent
in
this
3
state
or
in
another
jurisdiction;
4
(v)
A
trustee
or
custodian
of
a
trust
or
custodianship
of
which
5
the
respondent
is
a
beneficiary;
6
(vi)
Any
fiduciary
for
the
respondent
appointed
by
the
department
7
of
veterans
affairs;
8
(vii)
An
agent
designated
under
a
medical
directive
in
which
the
9
respondent
is
identified
as
the
principal;
10
(viii)
An
agent
designated
under
a
power
of
attorney
for
finances
1
1
in
which
the
respondent
is
identified
as
the
principal;
12
(ix)
A
person
nominated
as
guardian
by
the
respondent;
13
(x)
A
person
nominated
as
guardian
by
the
respondent's
parent
or
14
spouse
in
a
will
or
other
signed
record;
15
(xi)
A
proposed
guardian
and
the
reason
the
proposed
guardian
16
should
be
selected;
and
17
(xii)
A
person
known
to
have
routinely
assisted
the
respondent
18
with
decision
-
making
during
the
six
(6)
months
immediately
before
19
the
filing
of
the
petition;
20
(d)
The
reason
a
guardianship
is
necessary,
including
a
brief
descrip
-
21
tion
of:
22
(i)
The
nature
and
extent
of
the
respondent's
alleged
need;
23
(ii)
Any
protective
arrangement
instead
of
guardianship
or
other
24
less
restrictive
alternatives
for
meeting
the
respondent's
al
-
25
leged
need
that
have
been
considered
or
implemented;
26
(iii)
If
no
protective
arrangement
instead
of
guardianship
or
27
other
less
restrictive
alternatives
have
been
considered
or
28
implemented,
the
reason
they
have
not
been
considered
or
imple
-
29
mented;
and
30
(iv)
The
reason
a
protective
arrangement
instead
of
guardianship
31
or
other
less
restrictive
alternative
is
insufficient
to
meet
the
32
respondent's
alleged
need;
33
(e)
Whether
the
petitioner
seeks
a
limited
guardianship
or
full
34
guardianship;
35
(f)
If
the
petitioner
seeks
a
full
guardianship,
the
reason
a
limited
36
guardianship
or
protective
arrangement
instead
of
guardianship
is
not
37
appropriate;
38
(g)
If
a
limited
guardianship
is
requested,
the
powers
to
be
granted
to
39
the
guardian;
40
(h)
The
name
and
current
address,
if
known,
of
any
person
with
whom
the
41
petitioner
seeks
to
limit
the
respondent's
contact;
42
(i)
If
the
respondent
has
property
other
than
personal
effects,
a
gen
-
43
eral
statement
of
the
respondent's
property,
with
an
estimate
of
its
44
value,
including
any
insurance
or
pension,
and
the
source
and
amount
of
45
other
anticipated
income
or
receipts;
and
46
(j)
Whether
the
respondent
needs
an
interpreter,
translator,
or
other
47
form
of
support
to
communicate
effectively
with
the
court
or
understand
48
court
proceedings.
49

27
15
-
5
-
303.
NOTICE
OF
HEARING
FOR
APPOINTMENT
OF
GUARDIAN
FOR
ADULT.
(1)
1
Upon
filing
of
a
petition
under
section
15
-
5
-
302,
Idaho
Code,
for
appoint
-
2
ment
of
a
guardian
for
an
adult,
and
after
compliance
with
any
required
3
training
and
background
check,
the
court
shall
set
a
date,
time,
and
place
4
for
hearing
the
petition.
5
(2)
A
copy
of
a
petition
under
section
15
-
5
-
302,
Idaho
Code,
and
no
-
6
tice
of
a
hearing
on
the
petition
shall
be
served
personally
on
the
respon
-
7
dent.
The
notice
shall
inform
the
respondent
of
the
respondent's
rights
at
8
the
hearing,
including
the
right
to
an
attorney
and
to
attend
the
hearing.
9
The
notice
shall
include
a
description
of
the
nature,
purpose,
and
conse
-
10
quences
of
granting
the
petition.
The
court
may
not
grant
the
petition
if
1
1
notice
substantially
complying
with
this
subsection
is
not
served
on
the
re
-
12
spondent.
13
(3)
In
a
proceeding
on
a
petition
under
section
15
-
5
-
302,
Idaho
14
Code,
the
notice
required
under
subsection
(2)
of
this
section
shall
be
15
given
to
the
persons
required
to
be
listed
in
the
petition
under
section
16
15
-
5
-
302(2)(a)
through
(c),
Idaho
Code,
and
any
other
person
interested
in
17
the
respondent's
welfare
as
the
court
determines.
Failure
to
give
notice
un
-
18
der
this
subsection
does
not
preclude
the
court
from
appointing
a
guardian.
19
(4)
After
the
appointment
of
a
guardian,
notice
of
a
hearing
on
a
peti
-
20
tion
for
an
order
under
this
part,
together
with
a
copy
of
the
petition,
shall
21
be
given
to:
22
(a)
The
adult
subject
to
guardianship;
23
(b)
The
guardian;
and
24
(c)
Any
other
person
as
the
court
determines.
25
15
-
5
-
304.
APPOINTMENT
AND
ROLE
OF
DD
EVALUATION
COMMITTEE
AND
VISI
-
26
TOR.
(1)
Upon
receipt
of
a
petition
under
section
15
-
5
-
302,
Idaho
Code,
for
27
appointment
of
a
guardian
for
an
adult
with
a
developmental
disability,
the
28
court
shall
appoint
a
DD
evaluation
committee
to
conduct
an
evaluation
and
29
submit
a
report
in
accordance
with
Idaho
supreme
court
rules.
30
(2)
Upon
receipt
of
a
petition
under
section
15
-
5
-
302,
Idaho
Code,
for
31
appointment
of
a
guardian
for
an
adult
without
a
developmental
disability,
32
the
court
shall
appoint
a
visitor
to
conduct
an
evaluation
and
submit
a
re
-
33
port
in
accordance
with
Idaho
supreme
court
rules.
34
15
-
5
-
305.
APPOINTMENT
AND
ROLE
OF
ATTORNEY
FOR
ADULT.
(1)
Unless
the
35
respondent
in
a
proceeding
for
appointment
of
a
guardian
for
an
adult
is
rep
-
36
resented
by
an
attorney,
the
court
shall
appoint
an
attorney
to
represent
the
37
respondent,
regardless
of
the
respondent's
ability
to
pay.
38
(2)
An
attorney
representing
the
respondent
in
a
proceeding
for
ap
-
39
pointment
of
a
guardian
for
an
adult
shall:
40
(a)
Make
reasonable
efforts
to
ascertain
the
respondent's
wishes;
41
(b)
Advocate
for
the
respondent's
wishes
to
the
extent
reasonably
as
-
42
certainable;
and
43
(c)
If
the
respondent's
wishes
are
not
reasonably
ascertainable,
advo
-
44
cate
for
the
result
that
is
the
least
restrictive
in
type,
duration,
and
45
scope,
consistent
with
the
respondent's
interests.
46

28
15
-
5
-
306.
PROFESSIONAL
EVALUATION.
(1)
At
or
before
a
hearing
on
a
pe
-
1
tition
for
a
guardianship
for
an
adult,
the
court
may
order
a
professional
2
evaluation
of
the
respondent:
3
(a)
If
the
respondent
requests
the
evaluation;
or
4
(b)
In
other
cases,
unless
the
court
finds
that
it
has
sufficient
in
-
5
formation
to
determine
the
respondent's
needs
and
abilities
without
the
6
evaluation.
7
(2)
If
the
court
orders
an
evaluation
under
subsection
(1)
of
this
sec
-
8
tion,
the
respondent
shall
be
examined
by
a
licensed
physician,
psycholo
-
9
gist,
social
worker,
or
other
individual
appointed
by
the
court
who
is
qual
-
10
ified
to
evaluate
the
respondent's
alleged
cognitive
and
functional
abili
-
1
1
ties
and
limitations
and
will
not
be
advantaged
or
disadvantaged
by
a
deci
-
12
sion
to
grant
the
petition
or
otherwise
have
a
conflict
of
interest.
The
in
-
13
dividual
conducting
the
evaluation
promptly
shall
file
a
report
in
a
record
14
with
the
court.
Unless
otherwise
directed
by
the
court,
the
report
shall
15
contain:
16
(a)
A
description
of
the
nature,
type,
and
extent
of
the
respondent's
17
cognitive
and
functional
abilities
and
limitations;
18
(b)
An
evaluation
of
the
respondent's
mental
and
physical
condition
19
and,
if
appropriate,
educational
potential,
adaptive
behavior,
and
20
social
skills;
21
(c)
A
prognosis
for
improvement
and
recommendation
for
the
appropriate
22
treatment,
support,
or
habilitation
plan;
and
23
(d)
The
date
of
the
examination
on
which
the
report
is
based.
24
(3)
The
respondent
may
decline
to
participate
in
an
evaluation
ordered
25
under
subsection
(1)
of
this
section.
26
15
-
5
-
307.
ATTENDANCE
AND
RIGHTS
AT
HEARING.
(1)
Except
as
otherwise
27
provided
in
subsection
(2)
of
this
section,
a
hearing
under
section
15
-
5
-
28
303,
Idaho
Code,
may
not
proceed
unless
the
respondent
attends
the
hearing.
29
If
it
is
not
reasonably
feasible
for
the
respondent
to
attend
a
hearing
at
the
30
location
court
proceedings
typically
are
held,
the
court
shall
make
reason
-
31
able
efforts
to
hold
the
hearing
at
an
alternative
location
convenient
to
the
32
respondent
or
allow
the
respondent
to
attend
the
hearing
using
real
-
time
au
-
33
dio
-
visual
technology.
34
(2)
A
hearing
under
section
15
-
5
-
303,
Idaho
Code,
may
proceed
without
35
the
respondent
in
attendance
if
the
court
finds
by
clear
and
convincing
evi
-
36
dence
that:
37
(a)
The
respondent
consistently
and
repeatedly
has
refused
to
attend
38
the
hearing
after
having
been
fully
informed
of
the
right
to
attend
and
39
the
potential
consequences
of
failing
to
attend;
or
40
(b)
There
is
no
practicable
way
for
the
respondent
to
attend
and
par
-
41
ticipate
in
the
hearing
even
with
appropriate
supportive
services
and
42
technological
assistance.
43
(3)
The
respondent
may
be
assisted
in
a
hearing
under
section
15
-
5
-
303,
44
Idaho
Code,
by
a
person
or
persons
of
the
respondent's
choosing,
assistive
45
technology,
or
an
interpreter
or
translator,
or
a
combination
of
these
sup
-
46
ports.
If
assistance
would
facilitate
the
respondent's
participation
in
the
47
hearing,
but
is
not
otherwise
available
to
the
respondent,
the
court
shall
48
make
reasonable
efforts
to
provide
it.
49

29
(4)
The
respondent
has
a
right
to
choose
an
attorney
to
represent
the
1
respondent
at
a
hearing
under
section
15
-
5
-
303,
Idaho
Code.
2
(5)
At
a
hearing
held
under
section
15
-
5
-
303,
Idaho
Code,
the
respon
-
3
dent
may:
4
(a)
Present
evidence
and
subpoena
witnesses
and
documents;
5
(b)
Examine
witnesses,
including
any
court
-
appointed
evaluator,
any
6
member
of
a
DD
evaluation
committee,
and
the
visitor;
and
7
(c)
Otherwise
participate
in
the
hearing.
8
(6)
Unless
excused
by
the
court
for
good
cause,
a
proposed
guardian
9
shall
attend
a
hearing
under
section
15
-
5
-
303,
Idaho
Code.
10
(7)
A
hearing
under
section
15
-
5
-
303,
Idaho
Code,
shall
be
closed
on
re
-
1
1
quest
of
the
respondent
and
a
showing
of
good
cause.
12
(8)
Any
person
may
request
to
participate
in
a
hearing
under
section
13
15
-
5
-
303,
Idaho
Code.
The
court
may
grant
the
request,
with
or
without
a
14
hearing,
on
determining
that
the
best
interest
of
the
respondent
will
be
15
served.
The
court
may
impose
appropriate
conditions
on
the
person's
partic
-
16
ipation.
17
15
-
5
-
308.
CONFIDENTIALITY
OF
RECORDS.
The
confidentiality
of
records
18
in
a
proceeding
for
guardianship
for
an
adult
shall
be
maintained
in
accor
-
19
dance
with
Idaho
supreme
court
rules.
20
15
-
5
-
309.
WHO
MAY
BE
GUARDIAN
FOR
ADULT
-
-
ORDER
OF
PRIORITY.
(1)
Ex
-
21
cept
as
otherwise
provided
in
subsection
(3)
of
this
section,
the
court
in
22
appointing
a
guardian
for
an
adult
shall
consider
persons
qualified
to
be
23
guardian
in
the
following
order
of
priority:
24
(a)
A
guardian,
other
than
a
temporary
or
emergency
guardian,
currently
25
acting
for
the
respondent
in
another
jurisdiction;
26
(b)
A
person
nominated
as
guardian
by
the
respondent,
including
the
re
-
27
spondent's
most
recent
nomination
made
in
a
power
of
attorney;
28
(c)
An
agent
appointed
by
the
respondent
under
a
medical
directive
for
29
health
care;
30
(d)
A
spouse
of
the
respondent;
and
31
(e)
A
family
member
or
other
individual
who
has
shown
special
care
and
32
concern
for
the
respondent.
33
(2)
If
two
(2)
or
more
persons
have
equal
priority
under
subsection
(1)
34
of
this
section,
the
court
shall
select
as
guardian
the
person
the
court
con
-
35
siders
best
qualified.
In
determining
the
best
qualified
person,
the
court
36
shall
consider
the
person's
relationship
with
the
respondent,
the
person's
37
skills,
the
expressed
wishes
of
the
respondent,
the
extent
to
which
the
per
-
38
son
and
the
respondent
have
similar
values
and
preferences,
and
the
like
-
39
lihood
the
person
will
be
able
to
perform
the
duties
of
a
guardian
success
-
40
fully.
41
(3)
The
court,
acting
in
the
best
interest
of
the
respondent,
may
de
-
42
cline
to
appoint
as
guardian
a
person
having
priority
under
subsection
(1)
of
43
this
section
and
appoint
a
person
having
a
lower
priority
or
no
priority.
44
(4)
A
person
that
provides
paid
services
to
the
respondent,
or
an
indi
-
45
vidual
who
is
employed
by
a
person
that
provides
paid
services
to
the
respon
-
46
dent
or
is
the
spouse,
parent,
or
child
of
an
individual
who
provides
or
is
47

30
employed
to
provide
paid
services
to
the
respondent,
may
not
be
appointed
as
1
guardian
unless:
2
(a)
The
individual
is
related
to
the
respondent
by
blood,
marriage,
or
3
adoption;
or
4
(b)
The
court
finds
by
clear
and
convincing
evidence
that
the
person
is
5
the
best
qualified
person
available
for
appointment
and
the
appointment
6
is
in
the
best
interest
of
the
respondent.
7
(5)
An
owner,
operator,
or
employee
of
a
long
-
term
care
institution
at
8
which
the
respondent
is
receiving
care
may
not
be
appointed
as
guardian
un
-
9
less
the
owner,
operator,
or
employee
is
related
to
the
respondent
by
blood,
10
marriage,
or
adoption.
1
1
(6)
Unless
the
court
finds
by
clear
and
convincing
evidence
that
such
12
appointment
is
in
the
best
interest
of
the
respondent,
no
person
shall
be
ap
-
13
pointed
as
a
guardian
of
a
respondent
if
the
person
is:
14
(a)
A
convicted
felon;
or
15
(b)
A
person
whose
residence
is
the
respondent's
proposed
residence
or
16
will
be
frequented
by
the
respondent
and
is
frequented
by
a
convicted
17
felon.
18
15
-
5
-
310.
ORDER
OF
APPOINTMENT
FOR
GUARDIAN.
(1)
A
court
order
ap
-
19
pointing
a
guardian
for
an
adult
shall:
20
(a)
Include
a
specific
finding
that
clear
and
convincing
evidence
es
-
21
tablished
that
the
identified
needs
of
the
respondent
cannot
be
met
by
a
22
protective
arrangement
instead
of
guardianship
or
other
less
restric
-
23
tive
alternative,
including
use
of
appropriate
supportive
services,
24
technological
assistance,
or
supported
decision
-
making;
25
(b)
Include
a
specific
finding
that
clear
and
convincing
evidence
es
-
26
tablished
the
respondent
was
given
proper
notice
of
the
hearing
on
the
27
petition;
and
28
(c)
State
whether
the
adult
subject
to
guardianship
retains
the
right
29
to
marry
and,
if
the
adult
does
not
retain
the
right
to
marry,
include
30
findings,
established
by
clear
and
convincing
evidence,
that
support
31
removing
that
right.
32
(2)
An
adult
subject
to
guardianship
retains
the
right
to
marry
unless
33
the
order
includes
findings
that
support
removing
that
right
by
clear
and
34
convincing
evidence
required
by
subsection
(1)(c)
of
this
section.
35
(3)
A
court
order
establishing
a
full
guardianship
for
an
adult
subject
36
to
guardianship
shall
state
the
basis
for
granting
a
full
guardianship
and
37
include
specific
findings
by
clear
and
convincing
evidence
that
support
the
38
conclusion
that
a
limited
guardianship
would
not
meet
the
functional
needs
39
of
the
adult
subject
to
guardianship.
40
(4)
A
court
order
establishing
a
limited
guardianship
for
an
adult
41
subject
to
guardianship
shall
state
the
specific
powers
granted
to
the
42
guardian.
43
(5)
The
court,
as
part
of
an
order
establishing
a
guardianship
for
an
44
adult
subject
to
guardianship,
shall
identify
any
person
that
subsequently
45
is
entitled
to:
46
(a)
Notice
of
the
rights
of
the
adult
subject
to
guardianship
under
sec
-
47
tion
15
-
5
-
311(2),
Idaho
Code;
48

31
(b)
Notice
of
a
change
in
the
primary
dwelling
of
the
adult
subject
to
1
guardianship;
2
(c)
Notice
that
the
guardian
will
be
unavailable
to
visit
the
adult
sub
-
3
ject
to
guardianship
for
more
than
two
(2)
months
or
unavailable
to
per
-
4
form
the
guardian's
duties
for
more
than
one
(1)
month;
5
(d)
A
copy
of
the
guardian's
plan
under
section
15
-
5
-
316,
Idaho
Code,
6
and
the
guardian's
report
under
section
15
-
5
-
317,
Idaho
Code;
7
(e)
Access
to
court
records
relating
to
the
guardianship;
8
(f)
Notice
of
the
death
or
significant
change
in
the
condition
of
the
9
adult
subject
to
guardianship;
10
(g)
Notice
that
the
court
has
limited
or
modified
the
powers
of
the
1
1
guardian;
and
12
(h)
Notice
of
the
removal
of
the
guardian.
13
(6)
A
spouse
and
adult
children
of
an
adult
subject
to
guardianship
are
14
entitled
to
notice
under
subsection
(5)
of
this
section
unless
the
court
de
-
15
termines
notice
would
be
contrary
to
the
preferences
or
prior
directions
of
16
the
adult
subject
to
guardianship
or
not
in
the
best
interest
of
the
adult
17
subject
to
guardianship.
18
(7)
Orders
for
guardianship
for
a
person
with
a
developmental
disabil
-
19
ity
shall
include
notice
of
special
limitations
on
a
guardian's
power
in
sec
-
20
tion
15
-
5
-
315(4),
Idaho
Code.
21
15
-
5
-
311.
NOTICE
OF
ORDER
OF
APPOINTMENT
-
-
RIGHTS.
(1)
A
guardian
22
appointed
under
section
15
-
5
-
309,
Idaho
Code,
shall
give
the
adult
subject
23
to
guardianship
and
all
other
persons
given
notice
under
section
15
-
5
-
303,
24
Idaho
Code,
a
copy
of
the
order
of
appointment,
together
with
notice
of
the
25
right
to
request
termination
or
modification.
The
order
and
notice
shall
be
26
given
not
later
than
fourteen
(14)
days
after
the
appointment.
27
(2)
Not
later
than
thirty
(30)
days
after
appointment
of
a
guardian
un
-
28
der
section
15
-
5
-
309,
Idaho
Code,
the
court
shall
give
to
the
adult
subject
29
to
guardianship,
to
the
guardian,
and
to
any
other
person
entitled
to
notice
30
under
section
15
-
5
-
310(5),
Idaho
Code,
or
under
a
subsequent
order,
a
state
-
31
ment
of
the
rights
of
the
adult
subject
to
guardianship
and
the
procedures
to
32
seek
relief
if
the
adult
is
denied
those
rights.
The
statement
shall
be
com
-
33
municated
in
the
manner
set
forth
in
section
15
-
5
-
113(3),
Idaho
Code.
The
34
statement
shall
notify
the
adult
subject
to
guardianship
of
the
right
to:
35
(a)
Seek
termination
or
modification
of
the
guardianship
or
removal
of
36
the
guardian
and
choose
an
attorney
to
represent
the
adult
subject
to
37
guardianship
in
these
matters;
38
(b)
Be
involved
in
decisions
affecting
the
adult
subject
to
guardian
-
39
ship,
including
decisions
about
the
adult
subject
to
guardianship's
40
care,
dwelling,
activities,
or
social
interactions,
to
the
extent
rea
-
41
sonably
feasible;
42
(c)
Be
involved
in
health
care
decision
-
making
to
the
extent
reason
-
43
ably
feasible
and
be
supported
in
understanding
the
risks
and
benefits
44
of
health
care
options
to
the
extent
reasonably
feasible;
45
(d)
Be
notified
at
least
fourteen
(14)
days
before
a
change
in
the
46
adult
subject
to
guardianship's
primary
dwelling
or
permanent
move
to
47
a
nursing
home,
mental
health
facility,
or
other
facility
that
places
48
restrictions
on
the
adult
subject
to
guardianship's
ability
to
leave
or
49

32
have
visitors
unless
the
change
or
move
is
proposed
in
the
guardian's
1
plan
under
section
15
-
5
-
316,
Idaho
Code,
or
authorized
by
the
court
by
2
specific
order;
3
(e)
Object
to
a
change
or
move
described
in
paragraph
(d)
of
this
sub
-
4
section
and
the
process
for
objecting;
5
(f)
Communicate,
visit,
or
interact
with
others,
including
receiving
6
visitors
and
making
or
receiving
telephone
calls,
personal
mail,
or
7
electronic
communications,
including
through
social
media,
unless:
8
(i)
The
guardian
has
been
authorized
by
the
court
by
specific
or
-
9
der
to
restrict
communications,
visits,
or
interactions;
10
(ii)
A
protective
order
or
protective
arrangement
instead
of
1
1
guardianship
is
in
effect
that
limits
contact
between
the
adult
12
subject
to
guardianship
and
a
person;
or
13
(iii)
The
guardian
has
good
cause
to
believe
restriction
is
nec
-
14
essary
because
interaction
with
a
specified
person
poses
a
risk
15
of
significant
physical,
psychological,
or
financial
harm
to
the
16
adult
subject
to
guardianship,
and
the
restriction
is:
17
1.
For
a
period
of
not
more
than
seven
(7)
business
days
if
18
the
person
has
a
family
or
preexisting
social
relationship
19
with
the
adult
subject
to
guardianship;
or
20
2.
For
a
period
of
not
more
than
sixty
(60)
days
if
the
per
-
21
son
does
not
have
a
family
or
preexisting
social
relation
-
22
ship
with
the
adult
subject
to
guardianship;
23
(g)
Receive
a
copy
of
the
guardian's
plan
under
section
15
-
5
-
316,
Idaho
24
Code,
and
the
guardian's
report
under
section
15
-
5
-
317,
Idaho
Code;
and
25
(h)
Object
to
the
guardian's
plan
or
report.
26
15
-
5
-
312.
EMERGENCY
GUARDIAN
FOR
ADULT.
(1)
On
its
own,
after
a
peti
-
27
tion
has
been
filed
under
section
15
-
5
-
302,
Idaho
Code,
or
upon
petition
by
a
28
person
interested
in
an
adult
respondent's
welfare,
the
court
may
appoint
an
29
emergency
guardian
for
the
respondent
if
the
court
finds:
30
(a)
Appointment
of
an
emergency
guardian
is
likely
to
prevent
substan
-
31
tial
harm
to
the
respondent's
physical
health,
safety,
or
welfare;
32
(b)
No
other
person
appears
to
have
authority
and
willingness
to
act
in
33
the
circumstances;
and
34
(c)
There
is
reason
to
believe
that
a
basis
for
appointment
of
a
35
guardian
under
section
15
-
5
-
301,
Idaho
Code,
exists.
36
(2)
The
duration
of
authority
of
an
emergency
guardian
for
an
adult
may
37
not
exceed
ninety
(90)
days,
and
the
emergency
guardian
may
exercise
only
the
38
powers
specified
in
the
order
of
appointment.
The
emergency
guardian's
au
-
39
thority
may
be
extended
once
for
not
more
than
ninety
(90)
days
if
the
court
40
finds
that
the
conditions
for
appointment
of
an
emergency
guardian
in
sub
-
41
section
(1)
of
this
section
continue.
42
(3)
Immediately
upon
filing
of
a
petition
for
appointment
of
an
emer
-
43
gency
guardian
for
an
adult,
the
court
shall
appoint
an
attorney
to
represent
44
the
respondent
in
the
proceeding.
Except
as
otherwise
provided
in
subsec
-
45
tion
(4)
of
this
section,
reasonable
notice
of
the
date,
time,
and
place
of
46
a
hearing
on
the
petition
shall
be
given
to
the
respondent,
the
respondent's
47
attorney,
and
any
other
person
as
the
court
determines.
48

33
(4)
The
court
may
appoint
an
emergency
guardian
for
an
adult
respondent
1
without
notice
to
the
respondent
and
any
attorney
for
the
respondent
only
if
2
the
court
finds
from
an
affidavit
or
testimony
that
the
respondent's
physi
-
3
cal
health,
safety,
or
welfare
will
be
substantially
harmed
before
a
hearing
4
with
notice
on
the
appointment
can
be
held.
If
the
court
appoints
an
emer
-
5
gency
guardian
without
giving
notice
under
subsection
(3)
of
this
section,
6
the
court
shall:
7
(a)
Give
notice
of
the
appointment
not
later
than
forty
-
eight
(48)
8
hours
after
the
appointment
to:
9
(i)
The
respondent;
10
(ii)
The
respondent's
attorney;
and
1
1
(iii)
Any
other
person
as
the
court
determines;
and
12
(b)
Hold
a
hearing
on
the
appropriateness
of
the
appointment
not
later
13
than
seven
(7)
days
after
the
appointment.
14
(5)
Appointment
of
an
emergency
guardian
under
this
section
is
not
a
de
-
15
termination
that
a
basis
exists
for
appointment
of
a
guardian
under
section
16
15
-
5
-
301,
Idaho
Code.
17
(6)
The
court
may
remove
an
emergency
guardian
appointed
under
this
18
section
at
any
time.
The
emergency
guardian
shall
make
any
report
the
court
19
requires.
20
15
-
5
-
313.
DUTIES
OF
GUARDIAN
FOR
ADULT.
(1)
A
guardian
for
an
adult
is
21
a
fiduciary.
Except
as
otherwise
limited
by
the
court,
a
guardian
for
an
22
adult
shall
make
decisions
regarding
the
support,
care,
education,
health,
23
and
welfare
of
the
adult
subject
to
guardianship
to
the
extent
necessitated
24
by
the
adult
subject
to
guardianship's
limitations.
25
(2)
A
guardian
for
an
adult
subject
to
guardianship
shall
promote
the
26
self
-
determination
of
the
adult
subject
to
guardianship
and,
to
the
extent
27
reasonably
feasible,
encourage
the
adult
subject
to
guardianship
to
partic
-
28
ipate
in
decisions,
act
on
the
adult
subject
to
guardianship's
own
behalf,
29
and
develop
or
regain
the
capacity
to
manage
the
adult
subject
to
guardian
-
30
ship's
personal
affairs.
In
furtherance
of
this
duty,
the
guardian
shall:
31
(a)
Become
or
remain
personally
acquainted
with
the
adult
subject
to
32
guardianship
and
maintain
sufficient
contact
with
the
adult
subject
to
33
guardianship,
including
through
regular
visitation,
to
know
the
adult
34
subject
to
guardianship's
abilities,
limitations,
needs,
opportuni
-
35
ties,
and
physical
and
mental
health;
36
(b)
To
the
extent
reasonably
feasible,
identify
the
values
and
prefer
-
37
ences
of
the
adult
subject
to
guardianship
and
involve
the
adult
subject
38
to
guardianship
in
decisions
affecting
the
adult
subject
to
guardian
-
39
ship,
including
decisions
about
the
adult
subject
to
guardianship's
40
care,
dwelling,
activities,
or
social
interactions;
and
41
(c)
Make
reasonable
efforts
to
identify
and
facilitate
supportive
re
-
42
lationships
and
services
for
the
adult
subject
to
guardianship.
43
(3)
A
guardian
for
an
adult
subject
to
guardianship
at
all
times
shall
44
exercise
reasonable
care,
diligence,
and
prudence
when
acting
on
behalf
of
45
or
making
decisions
for
the
adult
subject
to
guardianship.
In
furtherance
of
46
this
duty,
the
guardian
shall:
47
(a)
Take
reasonable
care
of
the
personal
effects,
pets,
and
service
48
or
support
animals
of
the
adult
subject
to
guardianship
and
bring
a
49

34
proceeding
for
a
conservatorship
or
protective
arrangement
instead
of
1
conservatorship
if
necessary
to
protect
the
adult
subject
to
guardian
-
2
ship's
property;
3
(b)
Expend
funds
and
other
property
of
the
adult
subject
to
guardian
-
4
ship
received
by
the
guardian
for
the
adult
subject
to
guardianship's
5
current
needs
for
support,
care,
education,
health,
and
welfare;
6
(c)
Conserve
any
funds
and
other
property
of
the
adult
subject
to
7
guardianship
not
expended
under
paragraph
(b)
of
this
subsection
for
8
the
adult
subject
to
guardianship's
future
needs,
but
if
a
conservator
9
has
been
appointed
for
the
adult
subject
to
guardianship,
pay
the
funds
10
and
other
property
at
least
quarterly
to
the
conservator
to
be
conserved
1
1
for
the
adult
subject
to
guardianship's
future
needs;
and
12
(d)
Monitor
the
quality
of
services,
including
long
-
term
care
ser
-
13
vices,
provided
to
the
adult
subject
to
guardianship.
14
(4)
In
making
a
decision
for
an
adult
subject
to
guardianship,
the
15
guardian
shall
make
the
decision
the
guardian
reasonably
believes
the
adult
16
subject
to
guardianship
would
make
if
the
adult
subject
to
guardianship
17
were
able
unless
doing
so
would
unreasonably
harm
or
endanger
the
welfare
or
18
personal
or
financial
interests
of
the
adult
subject
to
guardianship.
To
19
determine
the
decision
the
adult
subject
to
guardianship
would
make
if
able,
20
the
guardian
shall
consider
the
adult
subject
to
guardianship's
previous
21
or
current
directions,
preferences,
opinions,
values,
and
actions,
to
the
22
extent
actually
known
or
reasonably
ascertainable
by
the
guardian.
23
(5)
If
a
guardian
for
an
adult
subject
to
guardianship
cannot
make
a
24
decision
under
subsection
(4)
of
this
section
because
the
guardian
does
25
not
know
and
cannot
reasonably
determine
the
decision
the
adult
subject
26
to
guardianship
probably
would
make
if
able,
or
the
guardian
reasonably
27
believes
the
decision
the
adult
subject
to
guardianship
would
make
would
28
unreasonably
harm
or
endanger
the
welfare
or
personal
or
financial
interests
29
of
the
adult
subject
to
guardianship,
the
guardian
shall
act
in
accordance
30
with
the
best
interest
of
the
adult
subject
to
guardianship.
In
determining
31
the
best
interest
of
the
adult
subject
to
guardianship,
the
guardian
shall
32
consider:
33
(a)
Information
received
from
professionals
and
persons
that
demon
-
34
strate
sufficient
interest
in
the
welfare
of
the
adult
subject
to
35
guardianship;
36
(b)
Other
information
the
guardian
believes
the
adult
subject
to
37
guardianship
would
have
considered
if
the
adult
subject
to
guardianship
38
were
able
to
act;
and
39
(c)
Other
factors
a
reasonable
person
in
the
circumstances
of
the
adult
40
subject
to
guardianship
would
consider,
including
consequences
for
41
others.
42
(6)
A
guardian
for
an
adult
subject
to
guardianship
shall
immediately
43
notify
the
court
if
the
condition
of
the
adult
subject
to
guardianship
has
44
changed
so
that
the
adult
subject
to
guardianship
is
capable
of
exercising
45
rights
previously
removed.
46
15
-
5
-
314.
POWERS
OF
GUARDIAN
FOR
ADULT.
(1)
Except
as
limited
by
court
47
order,
a
guardian
for
an
adult
subject
to
guardianship
may:
48

35
(a)
Apply
for
and
receive
funds
and
benefits
for
the
support
of
the
1
adult
subject
to
guardianship,
unless
a
conservator
is
appointed
for
2
the
adult
subject
to
guardianship
and
the
application
or
receipt
is
3
within
the
powers
of
the
conservator;
4
(b)
Unless
inconsistent
with
a
court
order,
establish
the
adult
subject
5
to
guardianship's
place
of
dwelling;
6
(c)
Consent
to
health
care
or
other
care,
treatment,
or
service
for
the
7
adult
subject
to
guardianship;
8
(d)
If
a
conservator
for
the
adult
subject
to
guardianship
has
not
been
9
appointed,
commence
a
proceeding,
including
an
administrative
proceed
-
10
ing,
or
take
other
appropriate
action
to
compel
another
person
to
sup
-
1
1
port
the
adult
subject
to
guardianship
or
pay
funds
for
the
adult
sub
-
12
ject
to
guardianship's
benefit;
13
(e)
To
the
extent
reasonable,
delegate
to
the
adult
subject
to
14
guardianship
responsibility
for
a
decision
affecting
the
adult
subject
15
to
guardianship's
well
-
being;
and
16
(f)
Receive
personally
identifiable
health
care
information
regarding
17
the
adult
subject
to
guardianship.
18
(2)
The
court
by
specific
order
may
authorize
a
guardian
for
an
adult
19
subject
to
guardianship
to
consent
to
the
adoption
of
the
adult
subject
to
20
guardianship.
21
(3)
The
court
by
specific
order
may
authorize
a
guardian
for
an
adult
22
subject
to
guardianship
to:
23
(a)
Consent
or
withhold
consent
to
the
marriage
of
the
adult
subject
to
24
guardianship
if
the
adult
subject
to
guardianship's
right
to
marry
has
25
been
removed
under
section
15
-
5
-
310,
Idaho
Code;
26
(b)
Petition
for
divorce,
dissolution,
or
annulment
of
marriage
of
27
the
adult
subject
to
guardianship
or
a
declaration
of
invalidity
of
the
28
adult
subject
to
guardianship's
marriage;
or
29
(c)
Support
or
oppose
a
petition
for
divorce,
dissolution,
or
annulment
30
of
marriage
of
the
adult
subject
to
guardianship
or
a
declaration
of
in
-
31
validity
of
the
adult
subject
to
guardianship's
marriage.
32
(4)
In
determining
whether
to
authorize
a
power
under
subsection
(2)
33
or
(3)
of
this
section,
the
court
shall
consider
whether
the
underlying
act
34
would
be
in
accordance
with
the
adult
subject
to
guardianship's
preferences,
35
values,
and
prior
directions
and
whether
the
underlying
act
would
be
in
the
36
adult
subject
to
guardianship's
best
interest.
37
(5)
In
exercising
a
guardian's
power
under
subsection
(1)(b)
of
this
38
section
to
establish
the
adult
subject
to
guardianship's
place
of
dwelling,
39
the
guardian
shall:
40
(a)
Select
a
residential
setting
the
guardian
believes
the
adult
sub
-
41
ject
to
guardianship
would
select
if
the
adult
subject
to
guardianship
42
were
able,
in
accordance
with
the
decision
-
making
standard
in
section
43
15
-
5
-
313(4)
and
(5),
Idaho
Code.
If
the
guardian
does
not
know
and
can
-
44
not
reasonably
determine
what
setting
the
adult
subject
to
guardianship
45
probably
would
choose
if
able,
or
the
guardian
reasonably
believes
the
46
decision
the
adult
subject
to
guardianship
would
make
would
unreason
-
47
ably
harm
or
endanger
the
welfare
or
personal
or
financial
interests
of
48
the
adult
subject
to
guardianship,
the
guardian
shall
choose
in
accor
-
49

36
dance
with
section
15
-
5
-
313(5),
Idaho
Code,
a
residential
setting
that
1
is
consistent
with
the
adult
subject
to
guardianship's
best
interest;
2
(b)
In
selecting
among
residential
settings,
give
priority
to
a
res
-
3
idential
setting
in
a
location
that
will
allow
the
adult
subject
to
4
guardianship
to
interact
with
persons
important
to
the
adult
subject
to
5
guardianship
and
meet
the
adult
subject
to
guardianship's
needs
in
the
6
least
restrictive
manner
reasonably
feasible
unless
to
do
so
would
be
7
inconsistent
with
the
decision
-
making
standard
in
section
15
-
5
-
313(4)
8
and
(5),
Idaho
Code;
9
(c)
No
later
than
fourteen
(14)
days
after
a
change
in
the
dwelling
of
10
the
adult
subject
to
guardianship:
1
1
(i)
Give
notice
of
the
change
to
the
court,
the
adult
subject
to
12
guardianship,
and
any
person
identified
as
entitled
to
the
notice
13
in
the
court
order
appointing
the
guardian
or
a
subsequent
order;
14
and
15
(ii)
Include
in
the
notice
the
address
and
nature
of
the
new
16
dwelling
and
state
whether
the
adult
subject
to
guardianship
re
-
17
ceived
advance
notice
of
the
change
and
whether
the
adult
subject
18
to
guardianship
objected
to
the
change;
19
(d)
Establish
or
move
the
permanent
place
of
dwelling
of
the
adult
sub
-
20
ject
to
guardianship
to
a
nursing
home,
mental
health
facility,
or
other
21
facility
that
places
restrictions
on
the
adult
subject
to
guardian
-
22
ship's
ability
to
leave
or
have
visitors
only
if:
23
(i)
The
establishment
or
move
is
in
the
guardian's
plan
under
sec
-
24
tion
15
-
5
-
316,
Idaho
Code;
25
(ii)
The
court
authorizes
the
establishment
or
move;
or
26
(iii)
The
guardian
gives
notice
of
the
establishment
or
move
at
27
least
fourteen
(14)
days
before
the
establishment
or
move
to
the
28
adult
subject
to
guardianship
and
all
persons
entitled
to
notice
29
under
section
15
-
5
-
310(5)(b),
Idaho
Code,
or
a
subsequent
order,
30
and
no
objection
is
filed;
31
(e)
Establish
or
move
the
place
of
dwelling
of
the
adult
subject
to
32
guardianship
outside
this
state
only
if
consistent
with
the
guardian's
33
plan
and
authorized
by
the
court
by
specific
order;
and
34
(f)
Take
action
that
would
result
in
the
sale
of
or
surrender
of
the
35
lease
to
the
primary
dwelling
of
the
adult
subject
to
guardianship
only
36
if:
37
(i)
The
action
is
specifically
included
in
the
guardian's
plan
38
under
section
15
-
5
-
316,
Idaho
Code;
39
(ii)
The
court
authorizes
the
action
by
specific
order;
or
40
(iii)
Notice
of
the
action
was
given
at
least
fourteen
(14)
days
41
before
the
action
to
the
adult
subject
to
guardianship
and
all
per
-
42
sons
entitled
to
the
notice
under
section
15
-
5
-
310(5)(b),
Idaho
43
Code,
or
a
subsequent
order
and
no
objection
has
been
filed.
44
(6)
In
exercising
a
guardian's
power
under
subsection
(1)(c)
of
this
45
section
to
make
health
care
decisions,
the
guardian
shall:
46
(a)
Involve
the
adult
subject
to
guardianship
in
decision
-
making
to
the
47
extent
reasonably
feasible,
including,
when
practicable,
by
encourag
-
48
ing
and
supporting
the
adult
subject
to
guardianship
in
understanding
49
the
risks
and
benefits
of
health
care
options;
50

37
(b)
Defer
to
a
decision
by
an
agent
under
a
medical
directive
executed
1
by
the
adult
subject
to
guardianship
and
cooperate
to
the
extent
feasi
-
2
ble
with
the
agent
making
the
decision;
and
3
(c)
Take
into
account:
4
(i)
The
risks
and
benefits
of
treatment
options;
and
5
(ii)
The
current
and
previous
wishes
and
values
of
the
adult
sub
-
6
ject
to
guardianship,
if
known
or
reasonably
ascertainable
by
the
7
guardian.
8
15
-
5
-
315.
SPECIAL
LIMITATIONS
ON
GUARDIAN'S
POWER.
(1)
Unless
au
-
9
thorized
by
the
court
by
specific
order,
a
guardian
for
an
adult
subject
to
10
guardianship
does
not
have
the
power
to
revoke
or
amend
a
medical
directive
1
1
or
power
of
attorney
for
finances
executed
by
the
adult
subject
to
guardian
-
12
ship.
If
a
medical
directive
is
in
effect,
unless
there
is
a
court
order
to
13
the
contrary,
a
health
care
decision
of
an
agent
takes
precedence
over
that
14
of
the
guardian
and
the
guardian
shall
cooperate
with
the
agent
to
the
extent
15
feasible.
If
a
power
of
attorney
for
finances
is
in
effect,
unless
there
16
is
a
court
order
to
the
contrary,
a
decision
by
the
agent
that
the
agent
is
17
authorized
to
make
under
the
power
of
attorney
for
finances
takes
precedence
18
over
that
of
the
guardian
and
the
guardian
shall
cooperate
with
the
agent
to
19
the
extent
feasible.
20
(2)
A
guardian
for
an
adult
subject
to
guardianship
may
not
initiate
the
21
commitment
of
the
adult
subject
to
guardianship
to
a
mental
health
facility
22
except
in
accordance
with
the
state's
procedure
for
involuntary
civil
com
-
23
mitment.
24
(3)
A
guardian
for
an
adult
subject
to
guardianship
may
not
restrict
25
the
ability
of
the
adult
subject
to
guardianship
to
communicate,
visit,
or
26
interact
with
others,
including
receiving
visitors
and
making
or
receiving
27
telephone
calls,
personal
mail,
or
electronic
communications,
including
28
through
social
media,
or
participating
in
social
activities,
unless:
29
(a)
Authorized
by
the
court
by
specific
order;
30
(b)
A
protective
order
or
a
protective
arrangement
instead
of
guardian
-
31
ship
is
in
effect
that
limits
contact
between
the
adult
subject
to
32
guardianship
and
a
person;
or
33
(c)
The
guardian
has
good
cause
to
believe
restriction
is
necessary
34
because
interaction
with
a
specified
person
poses
a
risk
of
signifi
-
35
cant
physical,
psychological,
or
financial
harm
to
the
adult
subject
to
36
guardianship
and
the
restriction
is:
37
(i)
For
a
period
of
not
more
than
seven
(7)
business
days
if
the
38
person
has
a
family
or
preexisting
social
relationship
with
the
39
adult
subject
to
guardianship;
or
40
(ii)
For
a
period
of
not
more
than
sixty
(60)
days
if
the
person
41
does
not
have
a
family
or
preexisting
social
relationship
with
the
42
adult
subject
to
guardianship.
43
(4)
Except
as
otherwise
provided
in
subsection
(5)
of
this
section,
a
44
guardian
appointed
for
a
person
with
a
developmental
disability
shall
have
45
no
authority
to
refuse
or
withhold
consent
for
medically
necessary
treatment
46
when
the
effect
of
withholding
such
treatment
would
seriously
endanger
the
47
life
or
health
and
well
-
being
of
the
individual
subject
to
guardianship.
48
To
withhold
or
attempt
to
withhold
consent
for
such
treatment
may
be
cause
49

38
for
removal
of
the
guardian.
Except
as
otherwise
provided
in
subsection
1
(8)
of
this
section,
no
health
care
provider
or
caregiver
shall,
based
on
2
such
guardian's
direction
or
refusal
to
consent
to
care,
withhold
or
with
-
3
draw
such
treatment
for
the
individual
subject
to
guardianship.
If
the
4
health
care
provider
cannot
obtain
valid
consent
for
such
medically
nec
-
5
essary
treatment
from
the
guardian,
the
health
care
provider
or
caregiver
6
shall
provide
the
medically
necessary
treatment
as
authorized
by
section
7
39
-
4504(1)(i),
Idaho
Code.
8
(5)
A
guardian
appointed
for
a
person
with
a
developmental
disability
9
may
consent
to
withholding
or
withdrawing
treatment
other
than
appropri
-
10
ate
nutrition
or
hydration
to
the
individual
subject
to
guardianship,
and
1
1
a
health
care
provider
may
withhold
or
withdraw
such
treatment
in
reliance
12
on
such
consent,
when
in
the
reasonable
medical
judgment
of
the
treating
13
licensed
independent
practitioner,
as
defined
in
section
39
-
4502(13),
Idaho
14
Code,
any
of
the
following
circumstances
apply:
15
(a)
The
attending
licensed
independent
practitioner
and
at
least
16
one
(1)
other
licensed
independent
practitioner
certifies
that
the
17
individual
subject
to
guardianship
is
chronically
and
irreversibly
co
-
18
matose;
19
(b)
The
treatment
would
merely
prolong
dying,
would
not
be
effective
in
20
ameliorating
or
correcting
all
of
the
individual
subject
to
guardian
-
21
ship's
life
-
threatening
conditions,
or
would
otherwise
be
futile
in
22
terms
of
the
survival
of
the
individual
subject
to
guardianship;
or
23
(c)
The
treatment
would
be
virtually
futile
in
terms
of
the
survival
of
24
the
individual
subject
to
guardianship
and
would
be
inhumane
under
such
25
circumstances.
26
(6)
Any
person
who
has
information
that
medically
necessary
treatment
27
of
a
individual
subject
to
guardianship
has
been
withheld
or
withdrawn
in
28
violation
of
this
section
may
report
such
information
to
adult
protective
29
services
or
to
the
Idaho
protection
and
advocacy
system
for
people
with
de
-
30
velopmental
disabilities,
which
shall
have
the
authority
to
investigate
the
31
report
and
in
appropriate
cases
to
seek
a
court
order
to
ensure
that
medi
-
32
cally
necessary
treatment
is
provided.
If
adult
protective
services
or
the
33
protection
and
advocacy
system
determines
that
the
withholding
of
medical
34
treatment
violates
the
provisions
of
this
section,
it
may
petition
the
court
35
for
an
ex
parte
order
to
provide
or
continue
the
medical
treatment
in
ques
-
36
tion.
If
the
court
finds,
based
on
affidavits
or
other
evidence,
that
there
37
is
probable
cause
to
believe
that
the
withholding
of
medical
treatment
in
a
38
particular
case
violates
the
provisions
of
this
section,
and
that
the
life
or
39
health
of
the
individual
subject
to
guardianship
is
endangered
thereby,
the
40
court
shall
issue
an
ex
parte
order
to
continue
or
to
provide
the
treatment
41
until
such
time
as
the
court
can
hear
evidence
from
the
parties
involved.
Pe
-
42
titions
for
court
orders
under
this
section
shall
be
expedited
by
the
courts
43
and
heard
as
soon
as
possible.
No
bond
shall
be
required
of
a
petitioner
un
-
44
der
this
section.
45
(7)
No
partial
or
total
guardian
or
partial
or
total
conservator
ap
-
46
pointed
under
the
provisions
of
this
chapter
may
without
specific
approval
47
of
the
court
in
a
proceeding
separate
from
that
in
which
such
guardian
or
con
-
48
servator
was
appointed:
49

39
(a)
Consent
to
medical
or
surgical
treatment,
the
effect
of
which
per
-
1
manently
prohibits
the
conception
of
children
by
the
individual
subject
2
to
guardianship
unless
the
treatment
or
procedures
are
necessary
to
3
protect
the
physical
health
of
the
individual
subject
to
guardianship
4
and
would
be
prescribed
for
a
person
who
does
not
have
a
developmental
5
disability;
or
6
(b)
Consent
to
experimental
surgery,
procedures,
or
medications.
7
(8)
Nothing
in
this
section
shall
affect
the
rights
of
a
competent
per
-
8
son
or
surrogate
decision
-
maker
to
withhold
or
withdraw
treatment
pursuant
9
to
section
39
-
4514,
Idaho
Code,
unless
the
person
is
a
respondent
as
defined
10
in
this
chapter.
1
1
15
-
5
-
316.
GUARDIAN'S
PLAN.
A
guardian's
plan
shall
be
done
in
accor
-
12
dance
with
Idaho
supreme
court
rules.
13
15
-
5
-
317.
GUARDIAN'S
REPORT
-
-
MONITORING
OF
GUARDIANSHIP.
A
14
guardian's
report
on
care
of
the
adult
and
monitoring
of
a
guardianship
shall
15
be
done
in
accordance
with
Idaho
supreme
court
rules.
16
15
-
5
-
318.
REMOVAL
OF
GUARDIAN
FOR
ADULT
-
-
APPOINTMENT
OF
SUCCES
-
17
SOR.
(1)
The
court
may
remove
a
guardian
for
an
adult
subject
to
guardianship
18
for
failure
to
perform
the
guardian's
duties
or
for
other
good
cause
and
ap
-
19
point
a
successor
guardian
to
assume
the
duties
of
guardian.
20
(2)
The
court
shall
hold
a
hearing
to
determine
whether
to
remove
21
a
guardian
for
an
adult
subject
to
guardianship
and
appoint
a
successor
22
guardian
upon:
23
(a)
Petition
of
the
adult
subject
to
guardianship,
the
guardian,
or
a
24
person
interested
in
the
welfare
of
the
adult
subject
to
guardianship
25
that
contains
allegations
that,
if
true,
would
support
a
reasonable
26
belief
that
removal
of
the
guardian
and
appointment
of
a
successor
27
guardian
may
be
appropriate,
but
the
court
may
decline
to
hold
a
hearing
28
if
a
petition
based
on
the
same
or
substantially
similar
facts
was
filed
29
during
the
preceding
six
(6)
months;
30
(b)
Communication
from
the
adult
subject
to
guardianship,
the
31
guardian,
or
a
person
interested
in
the
welfare
of
the
adult
subject
32
to
guardianship
that
supports
a
reasonable
belief
that
removal
of
the
33
guardian
and
appointment
of
a
successor
guardian
may
be
appropriate;
or
34
(c)
Determination
by
the
court
that
a
hearing
would
be
in
the
best
in
-
35
terest
of
the
adult
subject
to
guardianship.
36
(3)
Notice
of
a
petition
under
subsection
(2)(a)
of
this
section
shall
37
be
given
to
the
adult
subject
to
guardianship,
the
guardian,
and
any
other
38
person
as
the
court
determines.
39
(4)
An
adult
subject
to
guardianship
who
seeks
to
remove
the
guardian
40
and
have
a
successor
guardian
appointed
has
the
right
to
choose
an
attor
-
41
ney
to
represent
the
adult
subject
to
guardianship
in
this
matter.
If
the
42
adult
subject
to
guardianship
is
not
represented
by
an
attorney,
the
court
43
shall
appoint
an
attorney
under
the
same
conditions
as
in
section
15
-
5
-
305,
44
Idaho
Code.
The
court
shall
award
reasonable
attorney's
fees
to
the
attorney
45
for
the
adult
subject
to
guardianship
as
provided
in
section
15
-
5
-
119,
Idaho
46
Code.
47

40
(5)
In
selecting
a
successor
guardian
for
an
adult
subject
to
guardian
-
1
ship,
the
court
shall
follow
the
priorities
under
section
15
-
5
-
309,
Idaho
2
Code.
3
(6)
No
later
than
thirty
(30)
days
after
appointing
a
successor
4
guardian,
the
court
shall
give
notice
of
the
appointment
to
the
adult
subject
5
to
guardianship
and
any
person
entitled
to
notice
under
section
15
-
5
-
310(5),
6
Idaho
Code,
or
a
subsequent
order.
7
15
-
5
-
319.
TERMINATION
OR
MODIFICATION
OF
GUARDIANSHIP
FOR
ADULT.
(1)
8
An
adult
subject
to
guardianship,
the
guardian
for
the
adult
subject
to
9
guardianship,
or
a
person
interested
in
the
welfare
of
the
adult
subject
to
10
guardianship
may
petition
for:
1
1
(a)
Termination
of
the
guardianship
on
the
grounds
that
a
basis
for
12
appointment
under
section
15
-
5
-
301,
Idaho
Code,
does
not
exist
or
13
that
termination
would
be
in
the
best
interest
of
the
adult
subject
to
14
guardianship
or
for
other
good
cause;
or
15
(b)
Modification
of
the
guardianship
on
the
grounds
that
the
extent
of
16
protection
or
assistance
granted
is
not
appropriate
or
for
other
good
17
cause.
18
(2)
The
court
shall
hold
a
hearing
to
determine
whether
termination
or
19
modification
of
a
guardianship
for
an
adult
subject
to
guardianship
is
ap
-
20
propriate
upon:
21
(a)
Petition
under
subsection
(1)
of
this
section
that
contains
allega
-
22
tions
that,
if
true,
would
support
a
reasonable
belief
that
termination
23
or
modification
of
the
guardianship
may
be
appropriate,
but
the
court
24
may
decline
to
hold
a
hearing
if
a
petition
based
on
the
same
or
substan
-
25
tially
similar
facts
was
filed
during
the
preceding
six
(6)
months;
26
(b)
Communication
from
the
adult
subject
to
guardianship,
the
27
guardian,
or
a
person
interested
in
the
welfare
of
the
adult
subject
28
to
guardianship
that
supports
a
reasonable
belief
that
termination
or
29
modification
of
the
guardianship
may
be
appropriate,
including
because
30
the
functional
needs
of
the
adult
subject
to
guardianship
or
supports
or
31
services
available
to
the
adult
subject
to
guardianship
have
changed;
32
(c)
A
report
from
a
guardian
or
conservator
that
indicates
that
ter
-
33
mination
or
modification
may
be
appropriate
because
the
functional
34
needs
of
the
adult
subject
to
guardianship
or
supports
or
services
35
available
to
the
adult
subject
to
guardianship
have
changed
or
a
pro
-
36
tective
arrangement
instead
of
guardianship
or
other
less
restrictive
37
alternative
for
meeting
the
adult
subject
to
guardianship's
needs
is
38
available;
or
39
(d)
A
determination
by
the
court
that
a
hearing
would
be
in
the
best
in
-
40
terest
of
the
adult
subject
to
guardianship.
41
(3)
Notice
of
a
petition
under
subsection
(2)(a)
of
this
section
shall
42
be
given
to
the
adult
subject
to
guardianship,
the
guardian,
and
any
other
43
person
as
the
court
determines.
44
(4)
Upon
presentation
of
prima
facie
evidence
for
termination
of
a
45
guardianship
for
an
adult
subject
to
guardianship,
the
court
shall
order
46
termination
unless
it
is
proven
that
a
basis
for
appointment
of
a
guardian
47
under
section
15
-
5
-
301,
Idaho
Code,
exists.
48

41
(5)
The
court
shall
modify
the
powers
granted
to
a
guardian
for
an
adult
1
subject
to
guardianship
if
the
powers
are
excessive
or
inadequate
due
to
a
2
change
in
the
abilities
or
limitations
of
the
adult
subject
to
guardianship,
3
the
adult
subject
to
guardianship's
supports,
or
other
circumstances.
4
(6)
Unless
the
court
otherwise
orders
for
good
cause,
before
terminat
-
5
ing
or
modifying
a
guardianship
for
an
adult
subject
to
guardianship,
the
6
court
shall
follow
the
same
procedures
to
safeguard
the
rights
of
the
adult
7
subject
to
guardianship
that
apply
to
a
petition
for
guardianship.
8
(7)
An
adult
subject
to
guardianship
who
seeks
to
terminate
or
modify
9
the
terms
of
the
guardianship
has
the
right
to
choose
an
attorney
to
repre
-
10
sent
the
adult
subject
to
guardianship
in
the
matter.
If
the
adult
subject
1
1
to
guardianship
is
not
represented
by
an
attorney,
the
court
shall
appoint
an
12
attorney
under
the
same
conditions
as
in
section
15
-
5
-
305,
Idaho
Code.
The
13
court
shall
award
reasonable
attorney's
fees
to
the
attorney
for
the
adult
14
subject
to
guardianship
as
provided
in
section
15
-
5
-
119,
Idaho
Code.
15
15
-
5
-
320.
DESIGNATION
OF
BOARDS
OF
COMMUNITY
GUARDIAN.
After
making
16
a
determination
that
there
exists
a
need
within
a
county
for
a
guardian
for
17
those
persons
in
need
of
guardianship
and
for
whom
there
is
no
person
or
cor
-
18
poration
qualified
and
willing
to
act
in
such
capacity,
the
board
of
county
19
commissioners
may
create
and
budget
for,
within
the
county,
a
board
of
commu
-
20
nity
guardian.
The
board
of
county
commissioners
of
one
(1)
or
more
counties
21
within
a
judicial
district
may
jointly
create
and
budget
for
a
board
of
com
-
22
munity
guardian
within
that
district.
23
15
-
5
-
321.
BOARD
OF
COMMUNITY
GUARDIAN
STRUCTURE
-
-
POWERS
AND
DU
-
24
TIES.
(1)
Any
board
of
community
guardian
that
is
created
within
a
county
or
25
counties
in
a
judicial
district
shall
operate
under
the
laws
of
the
state
of
26
Idaho,
including
the
Idaho
guardianship,
conservatorship,
and
trust
laws.
27
(2)
A
board
of
community
guardian
shall
consist
of
no
fewer
than
seven
28
(7)
and
no
more
than
eleven
(11)
members
who
are
representatives
of
commu
-
29
nity
interests
involving
persons
needing
guardians
or
conservators
as
de
-
30
fined
in
this
chapter.
Members
shall
be
appointed
by
the
board
of
county
com
-
31
missioners
that
created
the
board
of
community
guardian
under
section
15
-
5
-
32
320,
Idaho
Code.
33
(3)
The
terms
of
the
members
of
the
board
shall
be
for
four
(4)
years
and
34
shall
be
staggered.
A
number
of
members
equaling
or
most
closely
exceeding
35
fifty
percent
(50%)
shall
initially
be
appointed
for
three
(3)
years.
Any
36
vacancy
created
by
resignation
or
expiration
of
term
shall
be
filled
in
the
37
same
manner
as
the
original
appointment.
38
(4)
A
member
shall
continue
to
serve
on
the
board
until
that
person's
39
successor
is
appointed.
40
(5)
The
board
shall
meet
not
less
than
once
each
quarter.
41
(6)
No
person
shall
be
a
member
of
a
board
who
is
also
an
employee
of
the
42
district
court
or
the
clerk
of
the
district
court
in
the
judicial
district
43
where
the
board
is
formed.
44
(7)
A
board
member
having
previously
provided
or
currently
providing
45
services
to
a
person
under
guardianship
shall
disclose
such
to
the
board
and
46
abstain
from
any
decision
or
action
taken
concerning
that
particular
person
47
under
guardianship.
48

42
(8)
Board
members
and
officers
shall
serve
without
pay.
1
(9)
Each
board
shall
elect
its
own
chairman
and
other
officers.
2
(10)
A
board,
in
those
instances
when
a
guardian
or
conservator
is
re
-
3
quired
and
no
qualified
family
member
or
other
qualified
person
has
volun
-
4
teered
to
serve,
may:
5
(a)
Locate
a
qualified
person
to
serve
as
guardian
or
conservator;
or
6
(b)
Petition
the
court
to
be
appointed
as
guardian
or
conservator.
7
(11)
The
board
shall
have
all
the
powers
and
duties
where
applicable
by
8
court
order
and
other
provisions
of
this
chapter
and
in
addition
shall:
9
(a)
Locate
and
recommend
to
the
court,
where
necessary,
that
a
visitor
10
or
DD
evaluation
committee
be
appointed;
1
1
(b)
Have
access
to
all
confidential
records,
including
abuse
reg
-
12
istry
reports
that
may
be
maintained
by
state
or
private
agencies
or
13
institutions,
which
records
concern
a
person
for
whom
the
board
acts
as
14
guardian
or
conservator.
The
name
of
the
person
reporting
the
alleged
15
abuse
shall
be
subject
to
disclosure
according
to
the
provisions
of
16
chapter
1,
title
74,
Idaho
Code;
17
(c)
Review
and
monitor
the
services
provided
by
public
and
private
18
agencies
to
any
individual
subject
to
guardianship
or
conservatorship
19
for
whom
the
board
acts
as
guardian
or
conservator
and
determine
the
20
continued
need
for
those
services;
21
(d)
Assess
a
fee
for
services
developed
pursuant
to
this
part;
and
22
(e)
Have
the
power,
subject
to
the
approval
of
the
board
of
county
com
-
23
missioners,
to
adopt
such
rules
as
are
necessary
to
carry
out
the
duties
24
and
responsibilities
of
the
board.
25
(12)
When
a
board
serves
as
guardian
or
conservator,
it
shall
be
compen
-
26
sated
as
other
guardians
or
conservators
pursuant
to
Idaho
law.
If,
at
the
27
time
the
board
is
appointed
as
guardian
or
conservator,
the
person
for
whom
28
the
board
is
to
act
has
no
funds,
the
court
may
waive
the
payment
of
fees.
29
(13)
When
a
board
serves
as
guardian
or
conservator,
there
is
created,
30
at
the
time
of
filing
of
the
order
of
appointment,
a
lien
in
favor
of
the
board
31
against
any
real
property
owned
by
the
individual
subject
to
guardianship
or
32
conservatorship,
enforceable
only
upon
the
termination
of
the
guardianship
33
or
conservatorship,
for
all
fees
that
were
incurred
throughout
the
duration
34
of
the
services
and
that
were
not
paid
prior
to
termination.
All
fees
in
-
35
curred
throughout
the
duration
of
the
services
and
that
were
not
paid
prior
36
to
the
termination
of
services
shall
relate
back
to
the
effective
date
of
the
37
lien.
The
board
shall
record
a
notice
of
said
lien
within
thirty
(30)
days
38
of
filing
of
the
order
of
appointment.
Such
liens
shall
be
recorded
in
every
39
county
where
property
subject
to
the
lien
is
located.
The
notice
shall
con
-
40
tain
at
least
the
following
information:
41
(a)
Full
court
heading
of
the
action
in
which
the
appointment
was
made;
42
(b)
The
effective
date
of
the
lien;
43
(c)
The
name
and
address
of
the
board;
and
44
(d)
Any
limitations
or
terms
regarding
the
fees
covered
by
the
lien
con
-
45
tained
in
the
order
of
appointment.
46
(14)
The
court
may
postpone
or
arrange
for
gradual
repayment
of
the
fees
47
if
the
court
finds
that
the
immediate
repayment
would
create
a
hardship
on
48
the
individual
subject
to
guardianship.
49

43
(15)
No
member
of
a
board
of
community
guardian,
employee
of
the
board,
1
or
visitor
or
DD
evaluation
committee
appointed
at
the
request
of
such
board
2
shall
be
liable
for
civil
damages
by
reason
of
authorizing
medical
treatment
3
or
surgery
for
the
person
for
whom
the
board
is
appointed,
if
the
board
mem
-
4
ber,
employee,
or
visitor
or
DD
evaluation
committee,
after
medical
consul
-
5
tation
with
the
person's
physician,
acts
in
good
faith,
is
not
negligent,
6
and
acts
within
the
limits
established
for
the
guardian
or
conservator
by
the
7
court.
No
such
person
shall
be
liable,
by
reason
of
his
authorization,
for
8
injury
to
the
person
for
whom
the
guardian
or
conservator
has
been
appointed,
9
which
injury
results
from
the
negligence
or
other
acts
of
a
third
person,
if
10
the
court
has
authorized
the
giving
of
medical
consent
by
the
board
or
the
in
-
1
1
dividual
members
of
the
board.
No
such
person
shall
be
liable
in
the
perfor
-
12
mance
of
acts
done
in
good
faith
within
the
scope
of
his
authority
as
long
as
13
the
act
is
not
of
a
wanton
or
grossly
negligent
nature.
The
board
of
commu
-
14
nity
guardian
shall
be
deemed
to
be
a
governmental
entity
for
the
purposes
of
15
application
of
the
Idaho
tort
claims
act.
16
15
-
5
-
322.
BOARD
OF
COMMUNITY
GUARDIAN
ANNUAL
REPORT.
(1)
Each
board
of
17
community
guardian
shall
report
annually
in
writing
to
the
board
of
county
18
commissioners,
and
in
the
case
of
a
multicounty
board,
to
each
participating
19
county,
its
activities
for
the
preceding
year,
which
report
shall
contain:
20
(a)
A
fiscal
report
that
adequately
reflects
the
financial
operation
of
21
the
board;
22
(b)
The
number
of
volunteer
guardians
obtained
by
the
board;
23
(c)
The
number
of
persons
for
whom
the
board
is
acting
as
guardian;
24
(d)
Recommendations
for
improving
guardianship
services
in
the
dis
-
25
trict;
and
26
(e)
Such
other
matters
as
may
be
determined
advisable
by
the
board
of
27
community
guardian
or
the
board
of
county
commissioners.
28
(2)
The
report
shall
be
filed
no
later
than
April
1
of
each
year
and
29
shall
cover
the
preceding
calendar
year.
30
(3)
The
board
of
county
commissioners
shall
review
each
report
and
31
shall
determine
whether
to
dissolve
or
continue
the
board
of
community
32
guardian
in
the
county.
Where
there
is
a
multicounty
board
of
community
33
guardian,
the
boards
of
county
commissioners
of
all
concerned
counties
shall
34
concur
in
a
decision
to
dissolve
the
board
of
community
guardian.
35
SECTION
6.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
36
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
37
nated
as
Part
4,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
38
PART
4
39
CONSERVATORSHIP
40
15
-
5
-
401.
BASIS
FOR
APPOINTMENT
OF
CONSERVATOR.
(1)
Upon
petition
and
41
after
notice
and
hearing,
the
court
may
appoint
a
conservator
for
the
prop
-
42
erty
or
financial
affairs
of
a
minor
if
the
court
finds
by
a
preponderance
of
43
evidence
that
appointment
of
a
conservator
is
in
the
minor's
best
interest,
44
and:
45

44
(a)
If
the
minor
has
a
parent,
the
court
gives
weight
to
any
recommenda
-
1
tion
of
the
parent
whether
an
appointment
is
in
the
minor's
best
inter
-
2
est;
and
3
(b)
Either:
4
(i)
The
minor
owns
funds
or
other
property
requiring
management
5
or
protection
that
otherwise
cannot
be
provided;
6
(ii)
The
minor
has
or
may
have
financial
affairs
that
may
be
put
at
7
unreasonable
risk
or
hindered
because
of
the
minor's
age;
or
8
(iii)
Appointment
is
necessary
or
desirable
to
obtain
or
provide
9
funds
or
other
property
needed
for
the
support,
care,
education,
10
health,
or
welfare
of
the
minor.
1
1
(2)
Upon
petition
and
after
notice
and
hearing,
the
court
may
appoint
12
a
conservator
for
the
property
or
financial
affairs
of
a
respondent
if
the
13
court
finds
by
clear
and
convincing
evidence
that:
14
(a)
The
respondent
is
unable
to
manage
property
or
financial
affairs
15
because:
16
(i)
The
respondent
is
limited
in
ability
to
receive
and
evaluate
17
information
or
make
or
communicate
decisions,
even
with
the
use
18
of
appropriate
supportive
services,
technological
assistance,
or
19
supported
decision
-
making;
or
20
(ii)
The
respondent
is
missing,
detained,
or
unable
to
return
to
21
the
United
States;
22
(b)
Appointment
is
necessary
to:
23
(i)
Avoid
harm
to
the
respondent
or
significant
dissipation
of
24
the
property
of
the
respondent;
or
25
(ii)
Obtain
or
provide
funds
or
other
property
needed
for
the
sup
-
26
port,
care,
education,
health,
or
welfare
of
the
respondent
or
of
27
an
individual
entitled
to
the
respondent's
support;
and
28
(c)
The
respondent's
identified
needs
cannot
be
met
by
a
protective
ar
-
29
rangement
instead
of
conservatorship
or
other
less
restrictive
alter
-
30
native.
31
(3)
The
court
shall
grant
a
conservator
only
those
powers
necessitated
32
by
demonstrated
limitations
and
needs
of
the
respondent
and
issue
orders
33
that
will
encourage
development
of
the
respondent's
maximum
self
-
determina
-
34
tion
and
independence.
The
court
may
not
establish
a
full
conservatorship
35
if
a
limited
conservatorship,
protective
arrangement
instead
of
conserva
-
36
torship,
or
other
less
restrictive
alternative
would
meet
the
needs
of
the
37
respondent.
38
15
-
5
-
402.
PETITION
FOR
APPOINTMENT
OF
CONSERVATOR.
(1)
The
following
39
may
petition
for
the
appointment
of
a
conservator:
40
(a)
The
respondent
for
whom
the
order
is
sought;
41
(b)
A
person
interested
in
the
estate,
financial
affairs,
or
welfare
42
of
the
respondent,
including
a
person
that
would
be
adversely
affected
43
by
lack
of
effective
management
of
property
or
financial
affairs
of
the
44
respondent;
or
45
(c)
The
guardian
of
the
respondent.
46
(2)
A
petition
under
subsection
(1)
of
this
section
shall
state
the
pe
-
47
titioner's
name,
principal
residence,
current
street
address,
if
differ
-
48
ent,
relationship
to
the
respondent,
interest
in
the
appointment,
the
name
49

45
and
address
of
any
attorney
representing
the
petitioner,
and,
to
the
extent
1
known,
the
following:
2
(a)
The
respondent's
name,
age,
principal
residence,
current
street
3
address,
if
different,
and,
if
different,
address
of
the
dwelling
in
4
which
it
is
proposed
the
respondent
will
reside
if
the
petition
is
5
granted;
6
(b)
The
name
and
address
of
the
respondent's:
7
(i)
Spouse
or,
if
the
respondent
has
none,
an
adult
with
whom
the
8
respondent
has
shared
household
responsibilities
for
more
than
9
six
(6)
months
in
the
twelve
(12)
month
period
before
the
filing
of
10
the
petition;
1
1
(ii)
Adult
children
or,
if
none,
each
parent
and
adult
sibling
of
12
the
respondent
or,
if
none,
at
least
one
(1)
adult
nearest
in
kin
-
13
ship
to
the
respondent
who
can
be
found
with
reasonable
diligence;
14
and
15
(iii)
Adult
stepchildren
whom
the
respondent
actively
parented
16
during
the
stepchildren's
minor
years
and
with
whom
the
respondent
17
had
an
ongoing
relationship
during
the
two
(2)
years
immediately
18
before
the
filing
of
the
petition;
19
(c)
The
name
and
current
address
of
each
of
the
following,
if
applica
-
20
ble:
21
(i)
A
person
responsible
for
the
care
or
custody
of
the
respon
-
22
dent;
23
(ii)
Any
attorney
currently
representing
the
respondent;
24
(iii)
The
representative
payee
appointed
by
the
social
security
25
administration
for
the
respondent;
26
(iv)
A
guardian
or
conservator
acting
for
the
respondent
in
this
27
state
or
another
jurisdiction;
28
(v)
A
trustee
or
custodian
of
a
trust
or
custodianship
of
which
29
the
respondent
is
a
beneficiary;
30
(vi)
The
fiduciary
appointed
for
the
respondent
by
the
department
31
of
veterans
affairs;
32
(vii)
An
agent
designated
under
a
medical
directive
in
which
the
33
respondent
is
identified
as
the
principal;
34
(viii)
An
agent
designated
under
a
power
of
attorney
for
finances
35
in
which
the
respondent
is
identified
as
the
principal;
36
(ix)
A
person
known
to
have
routinely
assisted
the
respondent
with
37
decision
-
making
in
the
six
(6)
month
period
immediately
before
the
38
filing
of
the
petition;
39
(x)
Any
proposed
conservator,
including
a
person
nominated
by
the
40
respondent,
if
the
respondent
is
twelve
(12)
years
of
age
or
older;
41
and
42
(xi)
If
the
individual
for
whom
a
conservator
is
sought
is
a
minor:
43
1.
An
adult
not
otherwise
listed
with
whom
the
minor
re
-
44
sides;
and
45
2.
Each
person
not
otherwise
listed
that
had
primary
care
46
or
custody
of
the
minor
for
at
least
sixty
(60)
days
during
47
the
two
(2)
years
immediately
before
the
filing
of
the
peti
-
48
tion
or
for
at
least
seven
hundred
thirty
(730)
days
during
49

46
the
five
(5)
years
immediately
before
the
filing
of
the
peti
-
1
tion;
2
(d)
A
general
statement
of
the
respondent's
property
with
an
estimate
3
of
its
value,
including
any
insurance
or
pension,
and
the
source
and
4
amount
of
other
anticipated
income
or
receipts;
5
(e)
The
reason
conservatorship
is
necessary,
including
a
brief
de
-
6
scription
of:
7
(i)
The
nature
and
extent
of
the
respondent's
alleged
need;
8
(ii)
If
the
petition
alleges
the
respondent
is
missing,
detained,
9
or
unable
to
return
to
the
United
States,
the
relevant
circum
-
10
stances,
including
the
time
and
nature
of
the
disappearance
or
1
1
detention
and
any
search
or
inquiry
concerning
the
respondent's
12
whereabouts;
13
(iii)
Any
protective
arrangement
instead
of
conservatorship
or
14
other
less
restrictive
alternative
for
meeting
the
respondent's
15
alleged
need
that
has
been
considered
or
implemented;
16
(iv)
If
no
protective
arrangement
or
other
less
restrictive
al
-
17
ternative
has
been
considered
or
implemented,
the
reason
it
has
18
not
been
considered
or
implemented;
and
19
(v)
The
reason
a
protective
arrangement
or
other
less
restrictive
20
alternative
is
insufficient
to
meet
the
respondent's
need;
21
(f)
Whether
the
petitioner
seeks
a
limited
conservatorship
or
a
full
22
conservatorship;
23
(g)
If
the
petitioner
seeks
a
full
conservatorship,
the
reason
a
lim
-
24
ited
conservatorship
or
protective
arrangement
instead
of
conservator
-
25
ship
is
not
appropriate;
26
(h)
If
the
petition
includes
the
name
of
a
proposed
conservator,
the
27
reason
the
proposed
conservator
should
be
appointed;
28
(i)
If
the
petition
is
for
a
limited
conservatorship,
a
description
of
29
the
property
to
be
placed
under
the
conservator's
control
and
any
re
-
30
quested
limitation
on
the
authority
of
the
conservator;
31
(j)
Whether
the
respondent
needs
an
interpreter,
translator,
or
other
32
form
of
support
to
communicate
effectively
with
the
court
or
understand
33
court
proceedings;
and
34
(k)
The
name
and
address
of
an
attorney
representing
the
petitioner,
if
35
any.
36
15
-
5
-
403.
NOTICE
AND
HEARING
FOR
APPOINTMENT
OF
CONSERVATOR.
(1)
Upon
37
filing
of
a
petition
under
section
15
-
5
-
402,
Idaho
Code,
for
appointment
of
38
a
conservator,
and
after
completion
of
any
required
training
or
background
39
checks,
the
court
shall
set
a
date,
time,
and
place
for
a
hearing
on
the
peti
-
40
tion.
41
(2)
A
copy
of
the
petition
and
notice
of
a
hearing
on
the
petition
shall
42
be
served
personally
on
the
respondent.
If
the
respondent's
whereabouts
are
43
unknown
or
personal
service
cannot
be
made,
service
on
the
respondent
shall
44
be
made
as
provided
by
the
Idaho
supreme
court
rules.
The
notice
shall
in
-
45
form
the
respondent
of
the
respondent's
rights
at
the
hearing,
including
the
46
right
to
an
attorney
and
to
attend
the
hearing.
The
notice
shall
include
a
47
description
of
the
nature,
purpose,
and
consequences
of
granting
the
peti
-
48
tion.
The
court
may
not
grant
a
petition
for
appointment
of
a
conservator
if
49

47
notice
substantially
complying
with
the
provisions
of
this
subsection
is
not
1
served
on
the
respondent.
2
(3)
In
a
proceeding
on
a
petition
under
section
15
-
5
-
402,
Idaho
3
Code,
the
notice
required
under
subsection
(2)
of
this
section
shall
be
4
given
to
the
persons
required
to
be
listed
in
the
petition
under
section
5
15
-
5
-
402(2)(a)
through
(c),
Idaho
Code,
and
any
other
person
interested
in
6
the
respondent's
welfare
as
the
court
determines.
Failure
to
give
notice
7
under
the
provisions
of
this
subsection
does
not
preclude
the
court
from
8
appointing
a
conservator.
9
(4)
After
the
appointment
of
a
conservator,
notice
of
a
hearing
on
a
pe
-
10
tition
for
an
order
under
this
part,
together
with
a
copy
of
the
petition,
1
1
shall
be
given
to:
12
(a)
The
individual
subject
to
conservatorship,
if
the
person
is
twelve
13
(12)
years
of
age
or
older
and
not
missing,
detained,
or
unable
to
return
14
to
the
United
States;
15
(b)
The
conservator;
and
16
(c)
Any
other
person
as
the
court
determines.
17
15
-
5
-
404.
ORDER
TO
PRESERVE
OR
APPLY
PROPERTY
WHILE
PROCEEDING
PEND
-
18
ING.
While
a
petition
under
section
15
-
5
-
402,
Idaho
Code,
is
pending,
after
19
preliminary
hearing
and
without
notice
to
others,
the
court
may
issue
an
or
-
20
der
to
preserve
and
apply
property
of
the
respondent
as
required
for
the
sup
-
21
port
of
the
respondent
or
an
individual
who
is
in
fact
dependent
on
the
re
-
22
spondent.
The
court
may
appoint
a
master
to
assist
in
implementing
the
or
-
23
der.
24
15
-
5
-
405.
APPOINTMENT
AND
ROLE
OF
DD
EVALUATION
COMMITTEE
OR
VISI
-
25
TOR.
(1)
Upon
filing
of
a
petition
under
section
15
-
5
-
402,
Idaho
Code,
for
26
appointment
of
a
conservator
for
an
adult
with
a
developmental
disability,
27
the
court
shall
appoint
a
DD
evaluation
committee
to
conduct
an
evaluation.
28
(2)
Upon
filing
of
a
petition
under
section
15
-
5
-
402,
Idaho
Code,
for
29
appointment
of
a
conservator
for
an
adult
without
a
developmental
disabil
-
30
ity,
the
court
shall
appoint
a
visitor
to
conduct
an
evaluation.
31
(3)
The
appointment
and
role
of
a
DD
evaluation
committee
or
visitor
un
-
32
der
this
section
shall
be
conducted
in
accordance
with
Idaho
supreme
court
33
rules.
34
15
-
5
-
406.
APPOINTMENT
AND
ROLE
OF
ATTORNEY.
(1)
Unless
the
respondent
35
in
a
proceeding
for
appointment
of
a
conservator
is
represented
by
an
attor
-
36
ney,
the
court
may,
in
the
discretion
of
the
court,
appoint
an
attorney
to
37
represent
the
respondent,
regardless
of
the
respondent's
ability
to
pay.
38
(2)
An
attorney
representing
the
respondent
in
a
proceeding
for
ap
-
39
pointment
of
a
conservator
shall:
40
(a)
Make
reasonable
efforts
to
ascertain
the
respondent's
wishes;
41
(b)
Advocate
for
the
respondent's
wishes
to
the
extent
reasonably
as
-
42
certainable;
and
43
(c)
If
the
respondent's
wishes
are
not
reasonably
ascertainable,
advo
-
44
cate
for
the
result
that
is
the
least
restrictive
in
type,
duration,
and
45
scope,
consistent
with
the
respondent's
interests.
46

48
(3)
The
court
may,
in
the
discretion
of
the
court,
appoint
an
attorney
1
to
represent
a
parent
of
a
minor
who
is
the
subject
of
a
proceeding
under
sec
-
2
tion
15
-
5
-
402,
Idaho
Code,
if:
3
(a)
The
parent
objects
to
appointment
of
a
conservator;
4
(b)
The
court
determines
that
counsel
is
needed
to
ensure
that
consent
5
to
appointment
of
a
conservator
is
informed;
or
6
(c)
The
court
otherwise
determines
the
parent
needs
representation.
7
15
-
5
-
407.
PROFESSIONAL
EVALUATION.
(1)
At
or
before
a
hearing
on
a
pe
-
8
tition
for
conservatorship
for
an
adult,
the
court
may
order
a
professional
9
evaluation
of
the
respondent:
10
(a)
If
the
respondent
requests
the
evaluation;
or
1
1
(b)
In
other
cases,
if
the
court
finds
it
does
not
have
sufficient
in
-
12
formation
to
determine
the
respondent's
needs
and
abilities
without
the
13
evaluation.
14
(2)
If
the
court
orders
an
evaluation
under
subsection
(1)
of
this
15
section,
the
respondent
shall
be
examined
by
a
licensed
physician,
psy
-
16
chologist,
social
worker,
or
other
individual
appointed
by
the
court
who
17
is
qualified
to
evaluate
the
respondent's
alleged
cognitive
and
functional
18
abilities
and
limitations
and
who
will
not
be
advantaged
or
disadvantaged
by
19
a
decision
to
grant
the
petition
or
otherwise
have
a
conflict
of
interest.
20
The
individual
conducting
the
evaluation
promptly
shall
file
a
report
in
a
21
record
with
the
court.
Unless
otherwise
directed
by
the
court,
the
report
22
shall
contain:
23
(a)
A
description
of
the
nature,
type,
and
extent
of
the
respondent's
24
cognitive
and
functional
abilities
and
limitations
with
regard
to
the
25
management
of
the
respondent's
property
and
financial
affairs;
26
(b)
An
evaluation
of
the
respondent's
mental
and
physical
condition
27
and,
if
appropriate,
educational
potential,
adaptive
behavior,
and
28
social
skills;
29
(c)
A
prognosis
for
improvement
with
regard
to
the
ability
to
manage
the
30
respondent's
property
and
financial
affairs;
and
31
(d)
The
date
of
the
examination
on
which
the
report
is
based.
32
(3)
A
respondent
may
decline
to
participate
in
an
evaluation
ordered
33
under
subsection
(1)
of
this
section.
34
15
-
5
-
408.
ATTENDANCE
AND
RIGHTS
AT
HEARING.
(1)
Except
as
otherwise
35
provided
in
subsection
(2)
of
this
section,
a
hearing
under
section
15
-
5
-
36
403,
Idaho
Code,
may
not
proceed
unless
the
respondent
attends
the
hearing.
37
If
it
is
not
reasonably
feasible
for
the
respondent
to
attend
a
hearing
at
the
38
location
court
proceedings
typically
are
held,
the
court
shall
make
reason
-
39
able
efforts
to
hold
the
hearing
at
an
alternative
location
convenient
to
the
40
respondent
or
allow
the
respondent
to
attend
the
hearing
using
real
-
time
au
-
41
dio
-
visual
technology.
42
(2)
A
hearing
under
section
15
-
5
-
403,
Idaho
Code,
may
proceed
without
43
the
respondent
in
attendance
if
the
court
finds
by
clear
and
convincing
evi
-
44
dence
that:
45
(a)
The
respondent
consistently
and
repeatedly
has
refused
to
attend
46
the
hearing
after
having
been
fully
informed
of
the
right
to
attend
and
47
the
potential
consequences
of
failing
to
attend;
48

49
(b)
There
is
no
practicable
way
for
the
respondent
to
attend
and
partic
-
1
ipate
in
the
hearing
even
with
appropriate
supportive
services
or
tech
-
2
nological
assistance;
or
3
(c)
The
respondent
is
a
minor
who
has
received
proper
notice
and
atten
-
4
dance
would
be
harmful
to
the
minor.
5
(3)
The
respondent
may
be
assisted
in
a
hearing
under
section
15
-
5
-
403,
6
Idaho
Code,
by
a
person
or
persons
of
the
respondent's
choosing,
assistive
7
technology,
or
an
interpreter
or
translator,
or
a
combination
of
these
sup
-
8
ports.
If
assistance
would
facilitate
the
respondent's
participation
in
the
9
hearing,
but
is
not
otherwise
available
to
the
respondent,
the
court
shall
10
make
reasonable
efforts
to
provide
it.
1
1
(4)
The
respondent
has
a
right
to
choose
an
attorney
to
represent
the
12
respondent
at
a
hearing
under
section
15
-
5
-
403,
Idaho
Code.
13
(5)
At
a
hearing
under
section
15
-
5
-
403,
Idaho
Code,
the
respondent
14
may:
15
(a)
Present
evidence
and
subpoena
witnesses
and
documents;
16
(b)
Examine
witnesses,
including
any
court
-
appointed
evaluator,
any
17
member
of
the
DD
evaluation
committee,
and
the
visitor;
and
18
(c)
Otherwise
participate
in
the
hearing.
19
(6)
Unless
excused
by
the
court
for
good
cause,
a
proposed
conservator
20
shall
attend
a
hearing
under
section
15
-
5
-
403,
Idaho
Code.
21
(7)
A
hearing
under
section
15
-
5
-
403,
Idaho
Code,
shall
be
closed
upon
22
request
of
the
respondent
and
a
showing
of
good
cause.
23
(8)
Any
person
may
request
to
participate
in
a
hearing
under
section
24
15
-
5
-
403,
Idaho
Code.
The
court
may
grant
the
request,
with
or
without
a
25
hearing,
upon
determining
that
the
best
interest
of
the
respondent
will
be
26
served.
The
court
may
impose
appropriate
conditions
on
the
person's
partic
-
27
ipation.
28
15
-
5
-
409.
CONFIDENTIALITY
OF
RECORDS.
The
confidentiality
of
records
29
in
a
proceeding
for
a
conservatorship
shall
be
maintained
in
accordance
with
30
Idaho
supreme
court
rules.
31
15
-
5
-
410.
WHO
MAY
BE
CONSERVATOR
-
-
ORDER
OF
PRIORITY.
(1)
The
court
32
may
appoint
an
individual,
except
as
set
forth
in
this
part,
or
a
person
with
33
general
power
to
serve
as
conservator,
as
conservator
of
the
estate
of
the
34
respondent.
The
following
are
entitled
to
consideration
for
appointment
in
35
the
order
listed:
36
(a)
An
individual
or
person
nominated
by
the
respondent
if
the
respon
-
37
dent
is
twelve
(12)
or
more
years
of
age
and
has,
in
the
opinion
of
the
38
court,
sufficient
mental
capacity
to
make
an
intelligent
choice;
39
(b)
The
individual
or
person
nominated
as
conservator
of
the
respon
-
40
dent
in
the
financial
power
of
attorney
for
the
respondent,
or
if
no
such
41
nomination
is
made
therein,
the
individual
or
person
nominated
as
agent
42
therein,
provided
that:
43
(i)
If
co
-
conservators
or
co
-
agents,
as
appropriate,
are
nomi
-
44
nated,
the
court
may
consider
whether
appointment
of
co
-
conserva
-
45
tors
is
in
the
best
interest
of
the
respondent
or
whether
a
sole
46
conservator
should
be
appointed;
47

50
(ii)
If
several
individuals
or
persons
are
nominated
in
order
of
1
priority,
the
court
shall
consider
such
nominations
in
that
order
2
of
priority;
and
3
(iii)
If
more
than
one
(1)
financial
power
of
attorney
made
by
4
the
respondent
exists,
the
court
shall
determine
which
financial
5
power
of
attorney
is
appropriate
to
be
the
basis
for
nomination
of
6
a
conservator;
7
(c)
The
spouse
of
the
respondent;
8
(d)
An
adult
child
of
the
respondent;
9
(e)
A
conservator,
guardian
of
property,
or
other
like
fiduciary,
but
10
not
a
fiduciary
serving
only
as
a
trustee,
appointed
or
recognized
by
1
1
the
appropriate
court
of
any
other
jurisdiction
in
which
the
respondent
12
resides;
13
(f)
A
parent
of
the
respondent
or
a
person
nominated
by
the
will
of
a
14
deceased
parent;
15
(g)
Any
relative
of
the
respondent
with
whom
the
respondent
has
resided
16
for
more
than
six
(6)
months
prior
to
the
filing
of
the
petition;
or
17
(h)
A
person
nominated
by
the
respondent
who
is
caring
for
or
paying
18
benefits
to
the
respondent.
19
(2)
A
person
in
priority
of
subsection
(1)(c)
through
(g)
of
this
sec
-
20
tion
may
nominate
in
writing
a
person
to
serve
in
his
stead.
With
respect
21
to
persons
having
equal
priority,
the
court
is
to
select
the
one
who
is
best
22
qualified
of
those
willing
to
serve.
The
court
for
good
cause
may
pass
over
a
23
person
having
priority
and
appoint
a
person
having
less
priority
or
no
prior
-
24
ity.
25
(3)
No
convicted
felon
shall
be
appointed
as
a
conservator
of
the
estate
26
of
a
respondent
unless
the
court
finds
by
clear
and
convincing
evidence
that
27
such
appointment
is
in
the
best
interest
of
the
respondent.
28
(4)
A
person
that
provides
paid
services
to
the
respondent,
or
an
indi
-
29
vidual
who
is
employed
by
a
person
that
provides
paid
services
to
the
respon
-
30
dent,
or
is
the
spouse,
parent,
or
child
of
an
individual
who
provides
or
is
31
employed
to
provide
paid
services
to
the
respondent,
may
not
be
appointed
as
32
conservator
unless:
33
(a)
The
individual
is
related
to
the
respondent
by
blood,
marriage,
or
34
adoption;
or
35
(b)
The
court
finds
by
clear
and
convincing
evidence
that
the
person
is
36
the
best
qualified
person
available
for
appointment
and
the
appointment
37
is
in
the
best
interest
of
the
respondent.
38
(5)
An
owner,
operator,
or
employee
of
a
long
-
term
care
institution
at
39
which
the
respondent
is
receiving
care
may
not
be
appointed
as
conservator
40
unless
the
owner,
operator,
or
employee
is
related
to
the
respondent
by
41
blood,
marriage,
or
adoption.
42
15
-
5
-
411.
ORDER
OF
APPOINTMENT
OF
CONSERVATOR.
(1)
A
court
order
43
appointing
a
conservator
for
a
minor
shall
include
findings
to
support
ap
-
44
pointment
of
a
conservator
and,
if
a
full
conservatorship
is
granted,
the
45
reason
a
limited
conservatorship
would
not
meet
the
identified
needs
of
the
46
minor.
47
(2)
A
court
order
appointing
a
conservator
for
an
adult
respondent
48
shall:
49

51
(a)
Include
a
specific
finding
that
clear
and
convincing
evidence
has
1
established
that
the
identified
needs
of
the
respondent
cannot
be
met
2
by
a
protective
arrangement
instead
of
conservatorship
or
other
less
3
restrictive
alternative,
including
use
of
appropriate
supportive
ser
-
4
vices,
technological
assistance,
or
supported
decision
-
making;
and
5
(b)
Include
a
specific
finding
that
clear
and
convincing
evidence
es
-
6
tablished
the
respondent
was
given
proper
notice
of
the
hearing
on
the
7
petition.
8
(3)
A
court
order
establishing
a
full
conservatorship
for
an
individ
-
9
ual
subject
to
conservatorship
shall
state
the
basis
for
granting
a
full
con
-
10
servatorship
and
include
specific
findings
to
support
the
conclusion
that
a
1
1
limited
conservatorship
would
not
meet
the
functional
needs
of
the
individ
-
12
ual
subject
to
conservatorship.
13
(4)
A
court
order
establishing
a
limited
conservatorship
shall
state
14
the
specific
property
placed
under
the
control
of
the
conservator
and
the
15
powers
granted
to
the
conservator.
16
(5)
The
court,
as
part
of
an
order
establishing
a
conservatorship,
17
shall
identify
any
person
that
subsequently
is
entitled
to:
18
(a)
Notice
of
the
rights
of
the
individual
subject
to
conservatorship
19
under
section
15
-
5
-
412(2),
Idaho
Code;
20
(b)
Notice
of
a
sale
of
or
surrender
of
a
lease
to
the
primary
dwelling
21
of
the
individual
subject
to
conservatorship;
22
(c)
Notice
that
the
conservator
has
delegated
a
power
that
requires
23
court
approval
under
section
15
-
5
-
414,
Idaho
Code,
or
substantially
all
24
powers
of
the
conservator;
25
(d)
Notice
that
the
conservator
will
be
unavailable
to
perform
the
con
-
26
servator's
duties
for
more
than
one
(1)
month;
27
(e)
A
copy
of
the
conservator's
plan
under
section
15
-
5
-
419,
Idaho
28
Code,
and
the
conservator's
report
under
section
15
-
5
-
423,
Idaho
Code;
29
(f)
Access
to
court
records
relating
to
the
conservatorship;
30
(g)
Notice
of
a
transaction
involving
a
substantial
conflict
between
31
the
conservator's
fiduciary
duties
and
personal
interests;
32
(h)
Notice
of
the
death
or
significant
change
in
the
condition
of
the
33
individual
subject
to
conservatorship;
34
(i)
Notice
that
the
court
has
limited
or
modified
the
powers
of
the
con
-
35
servator;
and
36
(j)
Notice
of
the
removal
of
the
conservator.
37
(6)
If
an
individual
subject
to
conservatorship
is
an
adult,
the
spouse
38
and
adult
children
of
the
individual
subject
to
conservatorship
are
entitled
39
under
subsection
(5)
of
this
section
to
notice
unless
the
court
determines
40
notice
would
be
contrary
to
the
preferences
or
prior
directions
of
the
indi
-
41
vidual
subject
to
conservatorship
or
not
in
the
best
interest
of
the
individ
-
42
ual
subject
to
conservatorship.
43
(7)
If
the
individual
subject
to
conservatorship
is
a
minor,
each
par
-
44
ent
and
adult
sibling
of
the
minor
is
entitled
under
subsection
(5)
of
this
45
section
to
notice
unless
the
court
determines
notice
would
not
be
in
the
best
46
interest
of
the
minor.
47
15
-
5
-
412.
NOTICE
OF
ORDER
OF
APPOINTMENT
-
-
RIGHTS.
(1)
A
conservator
48
appointed
under
section
15
-
5
-
411,
Idaho
Code,
shall
give
to
the
individual
49

52
subject
to
conservatorship
and
to
all
other
persons
given
notice
under
sec
-
1
tion
15
-
5
-
403,
Idaho
Code,
a
copy
of
the
order
of
appointment,
together
with
2
notice
of
the
right
to
request
termination
or
modification.
The
order
and
3
notice
shall
be
given
not
later
than
fourteen
(14)
days
after
the
appoint
-
4
ment.
5
(2)
Not
later
than
thirty
(30)
days
after
appointment
of
a
guardian
un
-
6
der
section
15
-
5
-
309,
Idaho
Code,
the
court
shall
give
to
the
individual
sub
-
7
ject
to
conservatorship,
to
the
guardian,
and
to
any
other
person
entitled
to
8
notice
under
section
15
-
5
-
310(5),
Idaho
Code,
or
under
a
subsequent
order,
9
a
statement
of
the
rights
of
the
individual
subject
to
conservatorship
and
10
the
procedures
to
seek
relief
if
the
individual
subject
to
conservatorship
1
1
is
denied
those
rights.
The
statement
shall
be
communicated:
12
(a)
In
a
form
and
manner
that
is
accessible
and
understandable
by
the
13
recipient,
through
the
use
of
assistive
technology
if
necessary;
14
(b)
In
plain
language;
and
15
(c)
To
the
extent
feasible,
in
a
language
in
which
the
recipient
is
pro
-
16
ficient.
17
(3)
A
statement
issued
under
subsection
(2)
of
this
section
shall
no
-
18
tify
the
individual
subject
to
conservatorship
of
the
right
to:
19
(a)
Seek
termination
or
modification
of
the
conservatorship,
or
re
-
20
moval
of
the
conservator,
and
to
choose
an
attorney
to
represent
the
21
individual
subject
to
conservatorship
in
such
matters;
22
(b)
Participate
in
decision
-
making
to
the
extent
reasonably
feasible;
23
(c)
Receive
a
copy
of
the
conservator's
plan
under
section
15
-
5
-
419,
24
Idaho
Code,
the
conservator's
inventory
under
section
15
-
5
-
420,
Idaho
25
Code,
and
the
conservator's
report
under
section
15
-
5
-
423,
Idaho
Code;
26
and
27
(d)
Object
to
the
conservator's
inventory,
plan,
or
report.
28
(4)
If
a
conservator
is
appointed
pursuant
to
section
29
15
-
5
-
401(2)(a)(ii),
Idaho
Code,
and
the
individual
subject
to
conserva
-
30
torship
is
missing,
notice
under
this
section
to
the
individual
subject
to
31
conservatorship
is
not
required.
32
15
-
5
-
413.
EMERGENCY
CONSERVATOR.
(1)
On
its
own,
or
upon
petition
by
a
33
person
interested
in
a
respondent's
welfare
after
a
petition
has
been
filed
34
under
section
15
-
5
-
402,
Idaho
Code,
the
court
may
appoint
an
emergency
con
-
35
servator
for
the
respondent
if
the
court
finds:
36
(a)
Appointment
of
an
emergency
conservator
is
likely
to
prevent
sub
-
37
stantial
and
irreparable
harm
to
the
respondent's
property
or
financial
38
interests;
39
(b)
No
other
person
appears
to
have
authority
and
willingness
to
act
in
40
the
circumstances;
and
41
(c)
There
is
reason
to
believe
that
a
basis
for
appointment
of
a
conser
-
42
vator
under
section
15
-
5
-
401,
Idaho
Code,
exists.
43
(2)
The
duration
of
authority
of
an
emergency
conservator
may
not
ex
-
44
ceed
ninety
(90)
days,
and
the
emergency
conservator
may
exercise
only
the
45
powers
specified
in
the
order
of
appointment.
The
emergency
conservator's
46
authority
may
be
extended
once
for
not
more
than
ninety
(90)
days
if
the
court
47
finds
that
the
conditions
for
appointment
of
an
emergency
conservator
under
48
subsection
(1)
of
this
section
continue.
49

53
(3)
Immediately
upon
filing
of
a
petition
for
an
emergency
conservator,
1
the
court
may,
in
the
discretion
of
the
court,
appoint
an
attorney
to
repre
-
2
sent
the
respondent
in
the
proceeding.
Except
as
otherwise
provided
in
sub
-
3
section
(4)
of
this
section,
reasonable
notice
of
the
date,
time,
and
place
4
of
a
hearing
on
the
petition
shall
be
given
to
the
respondent,
the
respon
-
5
dent's
attorney,
and
any
other
person
as
the
court
determines.
6
(4)
The
court
may
appoint
an
emergency
conservator
without
notice
to
7
the
respondent
and
any
attorney
for
the
respondent
only
if
the
court
finds
8
from
an
affidavit
or
testimony
that
the
respondent's
property
or
financial
9
interests
will
be
substantially
and
irreparably
harmed
before
a
hearing
with
10
notice
on
the
appointment
can
be
held.
If
the
court
appoints
an
emergency
1
1
conservator
without
giving
notice
under
subsection
(3)
of
this
section,
the
12
court
shall
give
notice
of
the
appointment
not
later
than
forty
-
eight
(48)
13
hours
after
the
appointment
to:
14
(a)
The
respondent;
15
(b)
The
respondent's
attorney;
and
16
(c)
Any
other
person
as
the
court
determines.
17
(5)
Not
later
than
seven
(7)
days
after
the
appointment,
the
court
shall
18
hold
a
hearing
on
the
appropriateness
of
the
appointment.
19
(6)
Appointment
of
an
emergency
conservator
under
this
section
is
not
20
a
determination
that
a
basis
exists
for
appointment
of
a
conservator
under
21
section
15
-
5
-
401,
Idaho
Code.
22
(7)
The
court
may
remove
an
emergency
conservator
appointed
under
this
23
section
at
any
time.
The
emergency
conservator
shall
make
any
report
the
24
court
requires.
25
15
-
5
-
414.
POWERS
OF
CONSERVATOR
REQUIRING
COURT
APPROVAL.
(1)
Except
26
as
otherwise
ordered
by
the
court,
a
conservator
shall
give
notice
to
per
-
27
sons
entitled
to
notice
under
section
15
-
5
-
403(4),
Idaho
Code,
and
receive
28
specific
authorization
by
the
court
before
the
conservator
may
exercise
with
29
respect
to
the
conservatorship
the
power
to:
30
(a)
Make
a
gift,
except
a
gift
of
de
minimis
value;
31
(b)
Sell,
encumber
an
interest
in,
or
surrender
a
lease
to
the
primary
32
dwelling
of
the
individual
subject
to
conservatorship;
33
(c)
Convey,
release,
or
disclaim
a
contingent
or
expectant
interest
in
34
property,
including
marital
property,
and
any
right
of
survivorship
in
-
35
cident
to
joint
tenancy
or
tenancy
by
the
entirety
or
community
property
36
with
right
of
survivorship;
37
(d)
Exercise
or
release
a
power
of
appointment;
38
(e)
Create
a
revocable
or
irrevocable
trust
of
property
of
the
conser
-
39
vatorship
estate,
whether
or
not
the
trust
extends
beyond
the
duration
40
of
the
conservatorship,
or
revoke
or
amend
a
trust
revocable
by
the
in
-
41
dividual
subject
to
conservatorship;
42
(f)
Exercise
a
right
to
elect
an
option
or
change
a
beneficiary
under
an
43
insurance
policy
or
annuity
or
surrender
the
policy
or
annuity
for
its
44
cash
value;
45
(g)
Exercise
a
right
to
an
elective
share
in
the
estate
of
a
deceased
46
spouse
of
the
individual
subject
to
conservatorship
or
renounce
or
dis
-
47
claim
a
property
interest;
48

54
(h)
Grant
a
creditor
priority
for
payment
over
creditors
of
the
same
or
1
higher
class
if
the
creditor
is
providing
property
or
services
used
to
2
meet
the
basic
living
and
care
needs
of
the
individual
subject
to
con
-
3
servatorship
and
preferential
treatment
otherwise
would
be
impermissi
-
4
ble
under
section
15
-
5
-
428(5),
Idaho
Code;
and
5
(i)
Acquire
an
undivided
interest
in
property
in
which
the
conservator,
6
in
a
fiduciary
capacity,
holds
an
undivided
interest.
7
(2)
In
approving
a
conservator's
exercise
of
a
power
listed
in
subsec
-
8
tion
(1)
of
this
section,
the
court
shall
consider
primarily
the
decision
the
9
individual
subject
to
conservatorship
would
make
if
able,
to
the
extent
the
10
decision
can
be
ascertained.
1
1
(3)
To
determine
under
subsection
(2)
of
this
section
the
decision
the
12
individual
subject
to
conservatorship
would
make
if
able,
the
court
shall
13
consider
the
individual
subject
to
conservatorship's
prior
or
current
di
-
14
rections,
preferences,
opinions,
values,
and
actions,
to
the
extent
actu
-
15
ally
known
or
reasonably
ascertainable
by
the
conservator.
The
court
also
16
shall
consider:
17
(a)
The
financial
needs
of
the
individual
subject
to
conservatorship
18
and
individuals
who
are
in
fact
dependent
on
the
individual
subject
to
19
conservatorship
for
support,
and
the
interests
of
creditors
of
the
in
-
20
dividual
subject
to
conservatorship;
21
(b)
Possible
reduction
of
income,
estate,
inheritance,
or
other
tax
li
-
22
abilities;
23
(c)
Eligibility
for
governmental
assistance;
24
(d)
The
previous
pattern
of
giving
or
level
of
support
provided
by
the
25
individual
subject
to
conservatorship;
26
(e)
Any
existing
estate
plan
or
lack
of
estate
plan
of
the
individual
27
subject
to
conservatorship;
28
(f)
The
life
expectancy
of
the
individual
subject
to
conservatorship
29
and
the
probability
the
conservatorship
will
terminate
before
the
indi
-
30
vidual
subject
to
conservatorship's
death;
and
31
(g)
Any
other
relevant
factor.
32
(4)
A
conservator
may
not
revoke
or
amend
a
power
of
attorney
for
fi
-
33
nances
executed
by
the
individual
subject
to
conservatorship.
If
a
power
of
34
attorney
for
finances
is
in
effect,
a
decision
of
the
agent
takes
precedence
35
over
that
of
the
conservator,
unless
the
court
orders
otherwise.
36
15
-
5
-
415.
PETITION
FOR
ORDER
AFTER
APPOINTMENT.
An
individual
subject
37
to
conservatorship
or
a
person
interested
in
the
welfare
of
the
individual
38
subject
to
conservatorship
may
petition
for
an
order:
39
(1)
Requiring
the
conservator
to
furnish
a
bond
or
collateral
or
ad
-
40
ditional
bond
or
collateral
or
allowing
a
reduction
in
a
bond
or
collateral
41
previously
furnished;
42
(2)
Requiring
an
accounting
for
the
administration
of
the
conservator
-
43
ship
estate;
44
(3)
Directing
distribution;
45
(4)
Removing
the
conservator
and
appointing
a
temporary
or
successor
46
conservator;
47
(5)
Modifying
the
type
of
appointment
or
powers
granted
to
the
conser
-
48
vator
if
the
extent
of
protection
or
management
previously
granted
is
ex
-
49

55
cessive
or
insufficient
to
meet
the
individual
subject
to
conservatorship's
1
needs,
including
because
the
individual
subject
to
conservatorship's
abili
-
2
ties
or
supports
have
changed;
3
(6)
Rejecting
or
modifying
the
conservator's
plan
under
section
15
-
5
-
4
419,
Idaho
Code,
the
conservator's
inventory
under
section
15
-
5
-
420,
Idaho
5
Code,
or
the
conservator's
report
under
section
15
-
5
-
423,
Idaho
Code;
or
6
(7)
Granting
other
appropriate
relief.
7
15
-
5
-
416.
BOND
-
-
ALTERNATIVE
ASSET
-
PROTECTION
ARRANGEMENT.
(1)
Ex
-
8
cept
as
otherwise
provided
in
subsection
(3)
of
this
section,
the
court
shall
9
require
a
conservator
to
furnish
a
bond
with
a
surety
the
court
specifies,
or
10
require
an
alternative
asset
-
protection
arrangement,
conditioned
on
faith
-
1
1
ful
discharge
of
all
duties
of
the
conservator.
The
court
may
waive
the
re
-
12
quirement
only
if
the
court
finds
that
a
bond
or
other
asset
-
protection
ar
-
13
rangement
is
not
necessary
to
protect
the
interests
of
the
individual
sub
-
14
ject
to
conservatorship.
Except
as
otherwise
provided
in
subsection
(3)
of
15
this
section,
the
court
may
not
waive
the
requirement
if
the
conservator
is
16
in
the
business
of
serving
as
a
conservator
and
is
being
paid
for
the
service.
17
(2)
Unless
the
court
directs
otherwise,
the
bond
required
under
this
18
section
shall
be
in
the
amount
of
the
aggregate
capital
value
of
the
conser
-
19
vatorship
estate,
plus
one
(1)
year's
estimated
income,
less
the
value
of
20
property
deposited
under
an
arrangement
requiring
a
court
order
for
its
re
-
21
moval
and
real
property
the
conservator
lacks
power
to
sell
or
convey
without
22
specific
court
authorization.
The
court,
in
place
of
surety
on
a
bond,
may
23
accept
collateral
for
the
performance
of
the
bond,
including
a
pledge
of
se
-
24
curities
or
a
mortgage
of
real
property.
25
(3)
A
regulated
financial
-
service
institution
qualified
to
do
trust
26
business
in
this
state
is
not
required
to
give
a
bond
under
this
section.
27
15
-
5
-
417.
TERMS
AND
REQUIREMENTS
OF
BOND.
(1)
The
following
rules
ap
-
28
ply
to
the
bond
required
under
section
15
-
5
-
416,
Idaho
Code:
29
(a)
Except
as
otherwise
provided
by
the
bond,
the
surety
and
the
conser
-
30
vator
are
jointly
and
severally
liable;
31
(b)
By
executing
a
bond
provided
by
a
conservator,
the
surety
submits
32
to
the
personal
jurisdiction
of
the
court
that
issued
letters
of
office
33
to
the
conservator
in
a
proceeding
relating
to
the
duties
of
the
conser
-
34
vator
in
which
the
surety
is
named
as
a
party.
Notice
of
the
proceeding
35
shall
be
given
to
the
surety
at
the
address
shown
in
the
records
of
the
36
court
in
which
the
bond
is
filed
and
any
other
address
of
the
surety
then
37
known
to
the
person
required
to
provide
the
notice;
38
(c)
Upon
petition
of
a
successor
conservator
or
person
affected
by
39
a
breach
of
the
obligation
of
the
bond,
a
proceeding
may
be
brought
40
against
the
surety
for
breach
of
the
obligation
of
the
bond;
and
41
(d)
A
proceeding
against
the
bond
may
be
brought
until
liability
under
42
the
bond
is
exhausted.
43
(2)
A
proceeding
may
not
be
brought
under
this
section
against
a
surety
44
of
a
bond
on
a
matter
as
to
which
a
proceeding
against
the
conservator
is
45
barred.
46

56
(3)
If
a
bond
under
section
15
-
5
-
416,
Idaho
Code,
is
not
renewed
by
the
1
conservator,
the
surety
or
sureties
immediately
shall
give
notice
to
the
2
court
and
the
individual
subject
to
conservatorship.
3
15
-
5
-
418.
DUTIES
OF
CONSERVATOR.
(1)
A
conservator
is
a
fiduciary
and
4
has
duties
of
prudence
and
loyalty
to
the
individual
subject
to
conservator
-
5
ship.
6
(2)
A
conservator
shall
promote
the
self
-
determination
of
the
individ
-
7
ual
subject
to
conservatorship
and,
to
the
extent
feasible,
encourage
the
8
individual
subject
to
conservatorship
to
participate
in
decisions,
act
on
9
the
individual
subject
to
conservatorship's
own
behalf,
and
develop
or
re
-
10
gain
the
capacity
to
manage
the
individual
subject
to
conservatorship's
per
-
1
1
sonal
affairs.
12
(3)
In
making
a
decision
for
an
individual
subject
to
conservatorship,
13
the
conservator
shall
make
the
decision
the
conservator
reasonably
believes
14
the
individual
subject
to
conservatorship
would
make
if
able,
unless
doing
15
so
would
fail
to
preserve
the
resources
needed
to
maintain
the
individual
16
subject
to
conservatorship's
well
-
being
and
lifestyle
or
otherwise
unrea
-
17
sonably
harm
or
endanger
the
welfare
or
personal
or
financial
interests
of
18
the
individual
subject
to
conservatorship.
To
determine
the
decision
the
19
individual
subject
to
conservatorship
would
make
if
able,
the
conservator
20
shall
consider
the
individual
subject
to
conservatorship's
prior
or
current
21
directions,
preferences,
opinions,
values,
and
actions,
to
the
extent
actu
-
22
ally
known
or
reasonably
ascertainable
by
the
conservator.
23
(4)
If
a
conservator
cannot
make
a
decision
under
subsection
(3)
of
24
this
section
because
the
conservator
does
not
know
and
cannot
reasonably
25
determine
the
decision
the
individual
subject
to
conservatorship
probably
26
would
make
if
able,
or
the
conservator
reasonably
believes
the
decision
the
27
individual
subject
to
conservatorship
would
make
would
fail
to
preserve
28
resources
needed
to
maintain
the
individual
subject
to
conservatorship's
29
well
-
being
and
lifestyle
or
otherwise
unreasonably
harm
or
endanger
the
30
welfare
or
personal
or
financial
interests
of
the
individual
subject
to
con
-
31
servatorship,
the
conservator
shall
act
in
accordance
with
the
best
interest
32
of
the
individual
subject
to
conservatorship.
In
determining
the
best
in
-
33
terest
of
the
individual
subject
to
conservatorship,
the
conservator
shall
34
consider:
35
(a)
Information
received
from
professionals
and
persons
that
demon
-
36
strate
sufficient
interest
in
the
welfare
of
the
individual
subject
to
37
conservatorship;
38
(b)
Other
information
the
conservator
believes
the
individual
subject
39
to
conservatorship
would
have
considered
if
the
individual
subject
to
40
conservatorship
were
able
to
act;
and
41
(c)
Other
factors
a
reasonable
person
in
the
circumstances
of
the
in
-
42
dividual
subject
to
conservatorship
would
consider,
including
conse
-
43
quences
for
others.
44
(5)
Except
when
inconsistent
with
the
conservator's
duties
under
sub
-
45
sections
(1)
through
(4)
of
this
section,
a
conservator
shall
invest
and
man
-
46
age
the
conservatorship
estate
as
a
prudent
investor
would,
by
considering:
47
(a)
The
circumstances
of
the
individual
subject
to
conservatorship
and
48
the
conservatorship
estate;
49

57
(b)
General
economic
conditions;
1
(c)
The
possible
effect
of
inflation
or
deflation;
2
(d)
The
expected
tax
consequences
of
an
investment
decision
or
strat
-
3
egy;
4
(e)
The
role
of
each
investment
or
course
of
action
in
relation
to
the
5
conservatorship
estate
as
a
whole;
6
(f)
The
expected
total
return
from
income
and
appreciation
of
capital;
7
(g)
The
need
for
liquidity,
regularity
of
income,
and
preservation
or
8
appreciation
of
capital;
and
9
(h)
The
special
relationship
or
value,
if
any,
of
specific
property
to
10
the
individual
subject
to
conservatorship.
1
1
(6)
The
propriety
of
a
conservator's
investment
and
management
of
the
12
conservatorship
estate
is
determined
in
light
of
the
facts
and
circumstances
13
existing
when
the
conservator
decides
or
acts
and
not
by
hindsight.
14
(7)
A
conservator
shall
make
a
reasonable
effort
to
verify
facts
rele
-
15
vant
to
the
investment
and
management
of
the
conservatorship
estate.
16
(8)
A
conservator
that
has
special
skills
or
expertise,
or
is
named
con
-
17
servator
in
reliance
on
the
conservator's
representation
of
special
skills
18
or
expertise,
has
a
duty
to
use
the
special
skills
or
expertise
in
carrying
19
out
the
conservator's
duties.
20
(9)
In
investing,
selecting
specific
property
for
distribution,
and
21
invoking
a
power
of
revocation
or
withdrawal
for
the
use
or
benefit
of
the
22
individual
subject
to
conservatorship,
a
conservator
shall
consider
any
es
-
23
tate
plan
of
the
individual
subject
to
conservatorship
known
or
reasonably
24
ascertainable
to
the
conservator
and
may
examine
the
will
or
other
donative,
25
nominative,
or
appointive
instrument
of
the
individual.
26
(10)
A
conservator
shall
maintain
insurance
on
the
insurable
real
and
27
personal
property
of
the
individual
subject
to
conservatorship,
unless
the
28
conservatorship
estate
lacks
sufficient
funds
to
pay
for
insurance
or
the
29
court
finds:
30
(a)
The
property
lacks
sufficient
equity;
or
31
(b)
Insuring
the
property
would
unreasonably
dissipate
the
conserva
-
32
torship
estate
or
otherwise
not
be
in
the
best
interest
of
the
individ
-
33
ual
subject
to
conservatorship.
34
(11)
If
a
power
of
attorney
for
finances
is
in
effect,
a
conservator
35
shall
cooperate
with
the
agent
to
the
extent
feasible.
36
(12)
A
conservator
has
access
to
and
authority
over
a
digital
asset
of
37
the
individual
subject
to
conservatorship
to
the
extent
provided
in
chapter
38
14,
title
15,
Idaho
Code,
the
revised
uniform
fiduciary
access
to
digital
as
-
39
sets
act,
or
court
order.
40
(13)
A
conservator
for
an
adult
individual
subject
to
conservatorship
41
shall
notify
the
court
if
the
condition
of
the
adult
individual
subject
to
42
conservatorship
has
changed
so
that
the
adult
individual
subject
to
conser
-
43
vatorship
is
capable
of
exercising
rights
previously
removed.
The
notice
44
shall
be
given
immediately
on
learning
of
the
change.
45
15
-
5
-
419.
CONSERVATOR'S
PLAN.
A
plan
required
of
a
conservator
ap
-
46
pointed
pursuant
to
this
part
shall
conform
to
Idaho
supreme
court
rules.
47

58
15
-
5
-
420.
INVENTORY
-
-
RECORDS.
(1)
Not
later
than
ninety
(90)
days
1
after
appointment,
a
conservator
shall
prepare
and
file
with
the
appointing
2
court
a
detailed
inventory
of
the
conservatorship
estate,
together
with
an
3
oath
or
affirmation
that
the
inventory
is
believed
to
be
complete
and
accu
-
4
rate
as
far
as
information
permits.
5
(2)
A
conservator
shall
give
notice
of
the
filing
of
an
inventory
to
the
6
individual
subject
to
conservatorship,
any
person
entitled
to
notice
under
7
section
15
-
5
-
411(5),
Idaho
Code,
or
a
subsequent
order,
and
any
other
person
8
as
the
court
determines.
The
notice
shall
be
given
not
later
than
seven
(7)
9
days
after
the
filing.
10
(3)
A
conservator
shall
keep
records
of
the
administration
of
the
con
-
1
1
servatorship
estate
and
make
them
available
for
examination
upon
reasonable
12
request
of
the
individual
subject
to
conservatorship,
a
guardian
for
the
in
-
13
dividual
subject
to
conservatorship,
or
any
other
person
as
the
conservator
14
or
the
court
determines.
15
15
-
5
-
421.
ADMINISTRATIVE
POWERS
OF
CONSERVATOR
NOT
REQUIRING
COURT
16
APPROVAL.
(1)
Except
as
otherwise
provided
in
section
15
-
5
-
414,
Idaho
Code,
17
or
qualified
or
limited
in
the
court's
order
of
appointment
and
stated
in
the
18
letters
of
office,
a
conservator
has
all
powers
granted
in
this
section
and
19
any
additional
power
granted
to
a
trustee
by
law
of
this
state
other
than
this
20
chapter.
21
(2)
A
conservator,
acting
reasonably
and
consistent
with
the
fiduciary
22
duties
of
the
conservator
to
accomplish
the
purpose
of
the
conservatorship,
23
without
specific
court
authorization
or
confirmation,
may
with
respect
to
24
the
conservatorship
estate:
25
(a)
Collect,
hold,
and
retain
property,
including
property
in
which
the
26
conservator
has
a
personal
interest
and
real
property
in
another
state,
27
until
the
conservator
determines
disposition
of
the
property
should
be
28
made;
29
(b)
Receive
additions
to
the
conservatorship
estate;
30
(c)
Continue
or
participate
in
the
operation
of
a
business
or
other
en
-
31
terprise;
32
(d)
Invest
assets;
33
(e)
Deposit
funds
or
other
property
in
a
financial
institution,
includ
-
34
ing
one
operated
by
the
conservator;
35
(f)
Acquire
or
dispose
of
property,
including
real
property
in
another
36
state,
for
cash
or
on
credit,
at
public
or
private
sale,
and
manage,
de
-
37
velop,
improve,
exchange,
partition,
change
the
character
of,
or
aban
-
38
don
property;
39
(g)
Make
ordinary
or
extraordinary
repairs
or
alterations
in
a
build
-
40
ing
or
other
structure,
demolish
any
improvement,
or
raze
an
existing
or
41
erect
a
new
party
wall
or
building;
42
(h)
Subdivide
or
develop
land,
dedicate
land
to
public
use,
make
or
ob
-
43
tain
the
vacation
of
a
plat
and
adjust
a
boundary,
adjust
a
difference
44
in
valuation
of
land,
exchange
or
partition
land
by
giving
or
receiving
45
consideration,
and
dedicate
an
easement
to
public
use
without
consider
-
46
ation;
47

59
(i)
Enter
for
any
purpose
into
a
lease
of
property
as
lessor
or
lessee,
1
with
or
without
an
option
to
purchase
or
renew,
for
a
term
within
or
ex
-
2
tending
beyond
the
term
of
the
conservatorship;
3
(j)
Enter
into
a
lease
or
arrangement
for
exploration
and
removal
of
4
minerals
or
other
natural
resources
or
a
pooling
or
unitization
agree
-
5
ment;
6
(k)
Grant
an
option
involving
disposition
of
property
or
accept
or
ex
-
7
ercise
an
option
for
the
acquisition
of
property;
8
(l)
Vote
a
security,
in
person
or
by
general
or
limited
proxy;
9
(m)
Pay
a
call,
assessment,
or
other
sum
chargeable
or
accruing
against
10
or
on
account
of
a
security;
1
1
(n)
Sell
or
exercise
a
stock
subscription
or
conversion
right;
12
(o)
Consent,
directly
or
through
a
committee
or
agent,
to
the
reorgani
-
13
zation,
consolidation,
merger,
dissolution,
or
liquidation
of
a
corpo
-
14
ration
or
other
business
enterprise;
15
(p)
Hold
a
security
in
the
name
of
a
nominee
or
in
other
form
without
16
disclosure
of
the
conservatorship
so
that
title
to
the
security
may
pass
17
by
delivery;
18
(q)
Insure:
19
(i)
The
conservatorship
estate,
in
whole
or
in
part,
against
dam
-
20
age
or
loss
in
accordance
with
section
15
-
5
-
418(10),
Idaho
Code;
21
and
22
(ii)
The
conservator
against
liability
with
respect
to
a
third
23
person;
24
(r)
Borrow
funds,
with
or
without
security,
to
be
repaid
from
the
con
-
25
servatorship
estate
or
otherwise;
26
(s)
Advance
funds
for
the
protection
of
the
conservatorship
estate
or
27
the
individual
subject
to
conservatorship
and
for
all
expenses,
losses,
28
and
liability
sustained
in
the
administration
of
the
conservatorship
29
estate
or
because
of
holding
any
property
for
which
the
conservator
has
30
a
lien
on
the
conservatorship
estate;
31
(t)
Pay
or
contest
a
claim,
settle
a
claim
by
or
against
the
conser
-
32
vatorship
estate
or
the
individual
subject
to
conservatorship
by
com
-
33
promise,
arbitration,
or
otherwise,
or
release,
in
whole
or
in
part,
a
34
claim
belonging
to
the
conservatorship
estate
to
the
extent
the
claim
is
35
uncollectible;
36
(u)
Pay
a
tax,
assessment,
compensation
for
the
conservator
or
any
37
guardian,
and
other
expense
incurred
in
the
collection,
care,
adminis
-
38
tration,
and
protection
of
the
conservatorship
estate;
39
(v)
Pay
a
sum
distributable
to
the
individual
subject
to
conservator
-
40
ship
or
an
individual
who
is
in
fact
dependent
on
the
individual
subject
41
to
conservatorship
by
paying
the
sum
to
the
distributee
or
for
the
use
of
42
the
distributee:
43
(i)
To
the
guardian
for
the
distributee;
44
(ii)
To
the
custodian
of
the
distributee
under
the
uniform
trans
-
45
fers
to
minors
act
or
custodial
trustee
under
the
uniform
custo
-
46
dial
trust
act;
or
47
(iii)
If
there
is
no
guardian,
custodian,
or
custodial
trustee,
48
to
a
relative
or
other
person
having
physical
custody
of
the
dis
-
49
tributee;
50

60
(w)
Bring
or
defend
an
action,
claim,
or
proceeding
in
any
jurisdiction
1
for
the
protection
of
the
conservatorship
estate
or
the
conservator
in
2
the
performance
of
the
conservator's
duties;
3
(x)
Structure
the
finances
of
the
individual
subject
to
conservator
-
4
ship
to
establish
eligibility
for
a
public
benefit,
including
by
making
5
gifts
consistent
with
the
individual's
preferences,
values,
and
prior
6
directions,
if
the
conservator's
action
does
not
jeopardize
the
indi
-
7
vidual
subject
to
conservatorship's
welfare
and
otherwise
is
consis
-
8
tent
with
the
conservator's
duties;
and
9
(y)
Execute
and
deliver
any
instrument
that
will
accomplish
or
facili
-
10
tate
the
exercise
of
a
power
of
the
conservator.
1
1
15
-
5
-
422.
DISTRIBUTION
FROM
CONSERVATORSHIP
ESTATE.
Except
as
other
-
12
wise
provided
in
section
15
-
5
-
414,
Idaho
Code,
or
qualified
or
limited
in
13
the
court's
order
of
appointment
and
stated
in
the
letters
of
conservator
-
14
ship,
and
unless
contrary
to
a
conservator's
plan
under
section
15
-
5
-
419,
15
Idaho
Code,
the
conservator
may
expend
or
distribute
income
or
principal
of
16
the
conservatorship
estate
without
specific
court
authorization
or
confir
-
17
mation
for
the
support,
care,
education,
health,
or
welfare
of
the
individ
-
18
ual
subject
to
conservatorship
or
an
individual
who
is
in
fact
dependent
on
19
the
individual
subject
to
conservatorship,
including
the
payment
of
child
or
20
spousal
support,
in
accordance
with
the
following
rules:
21
(1)
The
conservator
shall
consider
a
recommendation
relating
to
the
ap
-
22
propriate
standard
of
support,
care,
education,
health,
or
welfare
for
the
23
individual
subject
to
conservatorship
or
individual
who
is
dependent
on
the
24
individual
subject
to
conservatorship,
made
by
a
guardian
for
the
individual
25
subject
to
conservatorship,
if
any,
and,
if
the
individual
subject
to
con
-
26
servatorship
is
a
minor,
a
recommendation
made
by
a
parent
of
the
minor.
27
(2)
The
conservator
acting
in
compliance
with
the
conservator's
duties
28
under
section
15
-
5
-
418,
Idaho
Code,
is
not
liable
for
an
expenditure
or
dis
-
29
tribution
made
based
on
a
recommendation
under
subsection
(1)
of
this
sec
-
30
tion
unless
the
conservator
knows
or
should
have
known
the
expenditure
or
31
distribution
is
not
in
the
best
interest
of
the
individual
subject
to
conser
-
32
vatorship.
33
(3)
In
making
an
expenditure
or
distribution
under
this
section,
the
34
conservator
shall
consider:
35
(a)
The
size
of
the
conservatorship
estate,
the
estimated
duration
36
of
the
conservatorship,
and
the
likelihood
the
individual
subject
to
37
conservatorship,
at
some
future
time,
may
be
fully
self
-
sufficient
and
38
able
to
manage
the
individual
subject
to
conservatorship's
financial
39
affairs
and
the
conservatorship
estate;
40
(b)
The
accustomed
standard
of
living
of
the
individual
subject
to
con
-
41
servatorship
and
an
individual
who
is
dependent
on
the
individual
sub
-
42
ject
to
conservatorship;
43
(c)
Other
funds
or
sources
used
for
the
support
of
the
individual
sub
-
44
ject
to
conservatorship;
and
45
(d)
The
preferences,
values,
and
prior
directions
of
the
individual
46
subject
to
conservatorship.
47
(4)
Funds
expended
or
distributed
under
this
section
may
be
paid
by
the
48
conservator
to
any
person,
including
the
individual
subject
to
conservator
-
49

61
ship,
as
reimbursement
for
expenditures
the
conservator
might
have
made,
or
1
in
advance
for
services
to
be
provided
to
the
individual
subject
to
conserva
-
2
torship
or
an
individual
who
is
dependent
on
the
individual
subject
to
con
-
3
servatorship
if
it
is
reasonable
to
expect
the
services
will
be
performed
4
and
advance
payment
is
customary
or
reasonably
necessary
under
the
circum
-
5
stances.
6
15
-
5
-
423.
CONSERVATOR'S
REPORT
AND
ACCOUNTING
-
-
MONITORING.
A
con
-
7
servator's
report
and
accounting
and
the
monitoring
of
a
conservatorship
8
shall
be
done
in
accordance
with
Idaho
supreme
court
rules.
9
15
-
5
-
424.
ATTEMPTED
TRANSFER
OF
PROPERTY
BY
INDIVIDUAL
SUBJECT
TO
10
CONSERVATORSHIP.
(1)
The
interest
of
an
individual
subject
to
conservator
-
1
1
ship
in
property
included
in
the
conservatorship
estate
is
not
transferable
12
or
assignable
by
the
individual
subject
to
conservatorship
and
is
not
13
subject
to
levy,
garnishment,
or
similar
process
for
claims
against
the
in
-
14
dividual
subject
to
conservatorship
unless
allowed
under
section
15
-
5
-
428,
15
Idaho
Code.
16
(2)
If
an
individual
subject
to
conservatorship
enters
into
a
contract
17
after
having
the
right
to
enter
the
contract
removed
by
the
court,
the
con
-
18
tract
is
void
against
the
individual
subject
to
conservatorship
and
the
in
-
19
dividual
subject
to
conservatorship's
property
but
is
enforceable
against
20
the
person
that
contracted
with
the
individual
subject
to
conservatorship.
21
(3)
A
person
other
than
the
conservator
that
deals
with
an
individual
22
subject
to
conservatorship
with
respect
to
property
included
in
the
con
-
23
servatorship
estate
is
entitled
to
protection
provided
by
law
of
this
state
24
other
than
this
chapter.
25
15
-
5
-
425.
TRANSACTION
INVOLVING
CONFLICT
OF
INTEREST.
A
transaction
26
involving
a
conservatorship
estate
that
is
affected
by
a
substantial
con
-
27
flict
between
the
conservator's
fiduciary
duties
and
personal
interests
is
28
voidable
unless
the
transaction
is
authorized
by
court
order
after
notice
to
29
persons
entitled
to
notice
under
section
15
-
5
-
411(5),
Idaho
Code,
or
a
sub
-
30
sequent
order.
A
transaction
affected
by
a
substantial
conflict
includes
a
31
sale,
encumbrance,
or
other
transaction
involving
the
conservatorship
es
-
32
tate
entered
into
by
the
conservator,
an
individual
with
whom
the
conserva
-
33
tor
resides,
the
spouse,
descendant,
sibling,
agent,
or
attorney
of
the
con
-
34
servator,
or
a
corporation
or
other
enterprise
in
which
the
conservator
has
a
35
substantial
beneficial
interest.
36
15
-
5
-
426.
PROTECTION
OF
PERSON
DEALING
WITH
CONSERVATOR.
(1)
A
person
37
that
assists
or
deals
with
a
conservator
in
good
faith
and
for
value
in
any
38
transaction,
other
than
a
transaction
requiring
a
court
order
under
section
39
15
-
5
-
414,
Idaho
Code,
is
protected
as
though
the
conservator
properly
exer
-
40
cised
any
power
in
question.
Knowledge
by
a
person
that
the
person
is
deal
-
41
ing
with
a
conservator
alone
does
not
require
the
person
to
inquire
into
the
42
existence
of
authority
of
the
conservator
or
the
propriety
of
the
conserva
-
43
tor's
exercise
of
authority,
but
restrictions
on
authority
stated
in
letters
44
of
office,
or
otherwise
provided
by
law,
are
effective
as
to
the
person.
A
45

62
person
that
pays
or
delivers
property
to
a
conservator
is
not
responsible
for
1
proper
application
of
the
property.
2
(2)
Protection
under
subsection
(1)
of
this
section
extends
to
a
pro
-
3
cedural
irregularity
or
jurisdictional
defect
in
the
proceeding
leading
to
4
the
issuance
of
letters
of
office
and
does
not
substitute
for
protection
for
5
a
person
that
assists
or
deals
with
a
conservator
provided
by
comparable
pro
-
6
visions
in
law
of
this
state
other
than
this
chapter
relating
to
a
commercial
7
transaction
or
simplifying
a
transfer
of
securities
by
a
fiduciary.
8
15
-
5
-
427.
DEATH
OF
INDIVIDUAL
SUBJECT
TO
CONSERVATORSHIP.
(1)
If
an
9
individual
subject
to
conservatorship
dies,
the
conservator
shall
deliver
10
to
the
court
for
safekeeping
any
will
of
the
individual
subject
to
conserva
-
1
1
torship
in
the
conservator's
possession
and
inform
the
personal
representa
-
12
tive
named
in
the
will
if
feasible,
or
if
not
feasible,
a
beneficiary
named
in
13
the
will,
of
the
delivery.
14
(2)
If
forty
(40)
days
after
the
death
of
an
individual
subject
to
con
-
15
servatorship
no
personal
representative
has
been
appointed
and
no
applica
-
16
tion
or
petition
for
appointment
is
before
the
court,
the
conservator
may
ap
-
17
ply
to
exercise
the
powers
and
duties
of
a
personal
representative
to
admin
-
18
ister
and
distribute
the
decedent's
estate.
The
conservator
shall
give
no
-
19
tice
to
a
person
nominated
as
personal
representative
by
a
will
of
the
dece
-
20
dent
of
which
the
conservator
is
aware.
The
court
may
grant
the
application
21
if
there
is
no
objection
and
endorse
the
letters
of
office
to
note
that
the
22
individual
formerly
subject
to
conservatorship
is
deceased
and
the
conser
-
23
vator
has
acquired
the
powers
and
duties
of
a
personal
representative.
24
(3)
Issuance
of
an
order
under
this
section
has
the
effect
of
an
order
25
of
appointment
of
a
personal
representative
under
section
15
-
3
-
307,
Idaho
26
Code,
and
parts
6
through
10
of
chapter
3,
title
15,
Idaho
Code.
27
(4)
Upon
the
death
of
an
individual
subject
to
conservatorship,
the
28
conservator
shall
conclude
the
administration
of
the
conservatorship
estate
29
as
provided
in
section
15
-
5
-
431,
Idaho
Code.
30
15
-
5
-
428.
PRESENTATION
AND
ALLOWANCE
OF
CLAIM.
(1)
A
conservator
may
31
pay,
or
secure
by
encumbering
property
included
in
the
conservatorship
es
-
32
tate,
a
claim
against
the
conservatorship
estate
or
the
individual
subject
33
to
conservatorship
arising
before
or
during
the
conservatorship
upon
pre
-
34
sentation
and
allowance
in
accordance
with
the
priorities
under
subsection
35
(4)
of
this
section.
A
claimant
may
present
a
claim
by:
36
(a)
Sending
or
delivering
to
the
conservator
a
statement
in
a
record
of
37
the
claim,
indicating
its
basis,
the
name
and
address
of
the
claimant,
38
and
the
amount
claimed;
or
39
(b)
Filing
the
claim
with
the
court,
in
a
form
acceptable
to
the
court,
40
and
sending
or
delivering
a
copy
of
the
claim
to
the
conservator.
41
(2)
A
claim
under
subsection
(1)
of
this
section
is
presented
on
receipt
42
by
the
conservator
of
the
statement
of
the
claim
or
the
filing
with
the
court
43
of
the
claim,
whichever
first
occurs.
A
presented
claim
is
allowed
if
it
is
44
not
disallowed
in
whole
or
in
part
by
the
conservator
in
a
record
sent
or
de
-
45
livered
to
the
claimant
not
later
than
sixty
(60)
days
after
its
presenta
-
46
tion.
Before
payment,
the
conservator
may
change
an
allowance
of
the
claim
47
to
a
disallowance
in
whole
or
in
part,
but
not
after
allowance
under
a
court
48

63
order
or
order
directing
payment
of
the
claim.
Presentation
of
a
claim
tolls
1
the
running
of
a
statute
of
limitations
that
has
not
expired
relating
to
the
2
claim
until
thirty
(30)
days
after
its
disallowance.
3
(3)
A
claimant
whose
claim
under
subsection
(1)
of
this
section
has
not
4
been
paid
may
petition
the
court
to
determine
the
claim
at
any
time
before
it
5
is
barred
by
a
statute
of
limitations,
and
the
court
may
order
its
allowance,
6
payment,
or
security
by
encumbering
property
included
in
the
conservator
-
7
ship
estate.
If
a
proceeding
is
pending
against
the
individual
subject
to
8
conservatorship
at
the
time
of
appointment
of
the
conservator
or
is
initi
-
9
ated
thereafter,
the
moving
party
shall
give
the
conservator
notice
of
the
10
proceeding
if
it
could
result
in
creating
a
claim
against
the
conservator
-
1
1
ship
estate.
12
(4)
If
a
conservatorship
estate
is
likely
to
be
exhausted
before
all
ex
-
13
isting
claims
are
paid,
the
conservator
shall
distribute
the
estate
in
money
14
or
in
kind
in
payment
of
claims
in
the
following
order:
15
(a)
Costs
and
expenses
of
administration;
16
(b)
A
claim
of
the
federal
or
state
government
having
priority
under
law
17
other
than
this
chapter;
18
(c)
A
claim
incurred
by
the
conservator
for
support,
care,
education,
19
health,
or
welfare
previously
provided
to
the
individual
subject
to
20
conservatorship
or
an
individual
who
is
in
fact
dependent
on
the
indi
-
21
vidual
subject
to
conservatorship;
22
(d)
A
claim
arising
before
the
conservatorship;
and
23
(e)
All
other
claims.
24
(5)
Preference
may
not
be
given
in
the
payment
of
a
claim
under
subsec
-
25
tion
(4)
of
this
section
over
another
claim
of
the
same
class.
A
claim
due
and
26
payable
may
not
be
preferred
over
a
claim
not
due
unless:
27
(a)
Doing
so
would
leave
the
conservatorship
estate
without
sufficient
28
funds
to
pay
the
basic
living
and
health
care
expenses
of
the
individual
29
subject
to
conservatorship;
and
30
(b)
The
court
authorizes
the
preference
under
section
15
-
5
-
414(1)(h),
31
Idaho
Code.
32
(6)
If
assets
of
a
conservatorship
estate
are
adequate
to
meet
all
ex
-
33
isting
claims,
the
court,
acting
in
the
best
interest
of
the
individual
sub
-
34
ject
to
conservatorship,
may
order
the
conservator
to
grant
a
security
in
-
35
terest
in
the
conservatorship
estate
for
payment
of
a
claim
at
a
future
date.
36
15
-
5
-
429.
PERSONAL
LIABILITY
OF
CONSERVATOR.
(1)
Except
as
otherwise
37
agreed
by
a
conservator,
the
conservator
is
not
personally
liable
for
a
con
-
38
tract
properly
entered
into
in
a
fiduciary
capacity
in
the
course
of
adminis
-
39
tration
of
the
conservatorship
estate
unless
the
conservator
fails
to
reveal
40
the
conservator's
representative
capacity
in
the
contract
or
before
enter
-
41
ing
into
the
contract.
42
(2)
A
conservator
is
personally
liable
for
an
obligation
arising
from
43
control
of
property
of
the
conservatorship
estate
or
an
act
or
omission
oc
-
44
curring
in
the
course
of
administration
of
the
conservatorship
estate
only
45
if
the
conservator
is
personally
at
fault.
46
(3)
A
claim
based
on
a
contract
entered
into
by
a
conservator
in
a
fidu
-
47
ciary
capacity,
an
obligation
arising
from
control
of
property
included
in
48
the
conservatorship
estate,
or
a
tort
committed
in
the
course
of
administra
-
49

64
tion
of
the
conservatorship
estate
may
be
asserted
against
the
conservator
-
1
ship
estate
in
a
proceeding
against
the
conservator
in
a
fiduciary
capacity,
2
whether
or
not
the
conservator
is
personally
liable
for
the
claim.
3
(4)
A
question
of
liability
between
a
conservatorship
estate
and
the
4
conservator
personally
may
be
determined
in
a
proceeding
for
accounting,
5
surcharge,
or
indemnification
or
another
appropriate
proceeding
or
action.
6
15
-
5
-
430.
REMOVAL
OF
CONSERVATOR
-
-
APPOINTMENT
OF
SUCCESSOR.
(1)
The
7
court
may
remove
a
conservator
for
failure
to
perform
the
conservator's
du
-
8
ties
or
other
good
cause
and
appoint
a
successor
conservator
to
assume
the
9
duties
of
the
conservator.
10
(2)
The
court
shall
hold
a
hearing
to
determine
whether
to
remove
a
con
-
1
1
servator
and
appoint
a
successor
upon:
12
(a)
Petition
of
the
individual
subject
to
conservatorship,
the
conser
-
13
vator,
or
a
person
interested
in
the
welfare
of
the
individual
subject
14
to
conservatorship
that
contains
allegations
that,
if
true,
would
sup
-
15
port
a
reasonable
belief
that
removal
of
the
conservator
and
appoint
-
16
ment
of
a
successor
may
be
appropriate,
but
the
court
may
decline
to
hold
17
a
hearing
if
a
petition
based
on
the
same
or
substantially
similar
facts
18
was
filed
during
the
preceding
six
(6)
months;
19
(b)
Communication
from
the
individual
subject
to
conservatorship,
20
the
conservator,
or
a
person
interested
in
the
welfare
of
the
individ
-
21
ual
subject
to
conservatorship
that
supports
a
reasonable
belief
that
22
removal
of
the
conservator
and
appointment
of
a
successor
may
be
appro
-
23
priate;
or
24
(c)
Determination
by
the
court
that
a
hearing
would
be
in
the
best
in
-
25
terest
of
the
individual
subject
to
conservatorship.
26
(3)
Notice
of
a
petition
under
subsection
(2)(a)
of
this
section
shall
27
be
given
to
the
individual
subject
to
conservatorship,
the
conservator,
and
28
any
other
person
as
the
court
determines.
29
(4)
An
individual
subject
to
conservatorship
who
seeks
to
remove
the
30
conservator
and
have
a
successor
appointed
has
the
right
to
choose
an
at
-
31
torney
to
represent
the
individual
subject
to
conservatorship
in
this
mat
-
32
ter.
If
the
individual
subject
to
conservatorship
is
not
represented
by
an
33
attorney,
the
court
may,
in
the
discretion
of
the
court,
appoint
an
attor
-
34
ney
under
the
same
conditions
as
in
section
15
-
5
-
406,
Idaho
Code.
The
court
35
shall
award
reasonable
attorney's
fees
to
the
attorney
as
provided
in
sec
-
36
tion
15
-
5
-
119,
Idaho
Code.
37
(5)
In
selecting
a
successor
conservator,
the
court
shall
follow
the
38
priorities
under
section
15
-
5
-
410,
Idaho
Code.
39
(6)
Not
later
than
thirty
(30)
days
after
appointing
a
successor
con
-
40
servator,
the
successor
conservator
shall
give
notice
of
the
appointment
to
41
the
individual
subject
to
conservatorship
and
any
person
entitled
to
notice
42
under
section
15
-
5
-
411(5),
Idaho
Code,
or
a
subsequent
order.
43
15
-
5
-
431.
TERMINATION
OR
MODIFICATION
OF
CONSERVATORSHIP.
(1)
A
con
-
44
servatorship
for
a
minor
terminates
on
the
earliest
of:
45
(a)
A
court
order
terminating
the
conservatorship;
46
(b)
The
minor:
47
(i)
Becoming
an
adult;
or
48

65
(ii)
If
the
minor
consents,
or
the
court
finds
by
clear
and
con
-
1
vincing
evidence
that
substantial
harm
to
the
minor's
interests
is
2
otherwise
likely,
attaining
twenty
-
one
(21)
years
of
age;
3
(c)
Emancipation
of
the
minor;
or
4
(d)
Death
of
the
minor.
5
(2)
A
conservatorship
for
an
adult
individual
subject
to
conservator
-
6
ship
terminates
on
order
of
the
court
or
when
the
adult
individual
subject
to
7
conservatorship
dies.
8
(3)
An
individual
subject
to
conservatorship,
the
conservator,
or
a
9
person
interested
in
the
welfare
of
the
individual
subject
to
conservator
-
10
ship
may
petition
for:
1
1
(a)
Termination
of
the
conservatorship
on
the
grounds
that
a
basis
for
12
appointment
under
section
15
-
5
-
401,
Idaho
Code,
does
not
exist
or
ter
-
13
mination
would
be
in
the
best
interest
of
the
individual
subject
to
con
-
14
servatorship
or
for
other
good
cause;
or
15
(b)
Modification
of
the
conservatorship
on
the
grounds
that
the
extent
16
of
protection
or
assistance
granted
is
not
appropriate
or
for
other
good
17
cause.
18
(4)
The
court
shall
hold
a
hearing
to
determine
whether
termination
or
19
modification
of
a
conservatorship
is
appropriate
upon:
20
(a)
Petition
under
subsection
(3)
of
this
section
that
contains
alle
-
21
gations
that,
if
true,
would
support
a
reasonable
belief
that
termi
-
22
nation
or
modification
of
the
conservatorship
may
be
appropriate,
but
23
the
court
may
decline
to
hold
a
hearing
if
a
petition
based
on
the
same
24
or
substantially
similar
facts
was
filed
within
the
preceding
six
(6)
25
months;
26
(b)
A
communication
from
the
individual
subject
to
conservatorship,
27
the
conservator,
or
a
person
interested
in
the
welfare
of
the
individ
-
28
ual
subject
to
conservatorship
that
supports
a
reasonable
belief
that
29
termination
or
modification
of
the
conservatorship
may
be
appropriate,
30
including
because
the
functional
needs
of
the
individual
subject
to
31
conservatorship
or
supports
or
services
available
to
the
individual
32
subject
to
conservatorship
have
changed;
33
(c)
A
report
from
a
guardian
or
conservator
that
indicates
that
termi
-
34
nation
or
modification
may
be
appropriate
because
the
functional
needs
35
or
supports
or
services
available
to
the
individual
subject
to
conser
-
36
vatorship
have
changed
or
a
protective
arrangement
instead
of
conserva
-
37
torship
or
other
less
restrictive
alternative
is
available;
or
38
(d)
A
determination
by
the
court
that
a
hearing
would
be
in
the
best
in
-
39
terest
of
the
individual
subject
to
conservatorship.
40
(5)
Notice
of
a
petition
under
subsection
(3)
of
this
section
shall
be
41
given
to
the
individual
subject
to
conservatorship,
the
conservator,
and
any
42
such
other
person
as
the
court
determines.
43
(6)
Upon
presentation
of
prima
facie
evidence
for
termination
of
a
con
-
44
servatorship,
the
court
shall
order
termination
unless
it
is
proven
that
a
45
basis
for
appointment
of
a
conservator
under
section
15
-
5
-
401,
Idaho
Code,
46
exists.
47
(7)
The
court
shall
modify
the
powers
granted
to
a
conservator
if
the
48
powers
are
excessive
or
inadequate
due
to
a
change
in
the
abilities
or
limi
-
49

66
tations
of
the
individual
subject
to
conservatorship,
supports
given
to
the
1
individual
subject
to
conservatorship,
or
other
circumstances.
2
(8)
Unless
the
court
otherwise
orders
for
good
cause,
before
terminat
-
3
ing
a
conservatorship,
the
court
shall
follow
the
same
procedures
to
safe
-
4
guard
the
rights
of
the
individual
subject
to
conservatorship
that
apply
to
a
5
petition
for
conservatorship.
6
(9)
An
individual
subject
to
conservatorship
who
seeks
to
terminate
or
7
modify
the
terms
of
the
conservatorship
has
the
right
to
choose
an
attorney
8
to
represent
the
individual
subject
to
conservatorship
in
the
matter.
If
9
the
individual
is
not
represented
by
an
attorney,
the
court
shall
appoint
an
10
attorney
under
the
same
conditions
as
in
section
15
-
5
-
406,
Idaho
Code.
The
1
1
court
shall
award
reasonable
attorney's
fees
to
the
attorney
as
provided
in
12
section
15
-
5
-
119,
Idaho
Code.
13
(10)
Upon
termination
of
a
conservatorship
other
than
by
reason
of
the
14
death
of
the
individual
subject
to
conservatorship,
property
of
the
conser
-
15
vatorship
estate
passes
to
the
individual
formerly
subject
to
conservator
-
16
ship.
The
order
of
termination
shall
direct
the
conservator
to
file
a
final
17
report
and
petition
for
discharge
on
approval
by
the
court
of
the
final
re
-
18
port.
19
(11)
Upon
termination
of
a
conservatorship
by
reason
of
the
death
of
20
the
individual
subject
to
conservatorship,
the
conservator
promptly
shall
21
file
a
final
report
and
petition
for
discharge
on
approval
by
the
court
of
22
the
final
report.
Upon
approval
of
the
final
report,
the
conservator
shall
23
proceed
expeditiously
to
distribute
the
conservatorship
estate
to
the
in
-
24
dividual
subject
to
conservatorship's
estate
or
as
otherwise
ordered
by
the
25
court.
The
conservator
may
take
reasonable
measures
necessary
to
preserve
26
the
conservatorship
estate
until
distribution
can
be
made.
27
(12)
The
court
shall
issue
a
final
order
of
discharge
on
the
approval
28
by
the
court
of
the
final
report
and
satisfaction
by
the
conservator
of
any
29
other
condition
the
court
imposed
on
the
conservator's
discharge.
30
15
-
5
-
432.
TRANSFER
FOR
BENEFIT
OF
MINOR
WITHOUT
APPOINTMENT
OF
CON
-
31
SERVATOR.
(1)
Unless
a
person
required
to
transfer
funds
or
other
property
32
to
a
minor
knows
that
a
conservator
for
the
minor
has
been
appointed
or
a
pro
-
33
ceeding
is
pending
for
conservatorship,
the
person
may
transfer
an
amount
34
or
value
not
exceeding
fifteen
thousand
dollars
($15,000)
in
a
twelve
(12)
35
month
period
to:
36
(a)
A
person
that
has
care
or
custody
of
the
minor
and
with
whom
the
mi
-
37
nor
resides;
38
(b)
A
guardian
for
the
minor;
39
(c)
A
custodian
under
the
uniform
transfers
to
minors
act
or
uniform
40
gifts
to
minors
act,
chapter
8,
title
68,
Idaho
Code;
or
41
(d)
A
financial
institution
as
a
deposit
in
an
interest
-
bearing
account
42
or
certificate
solely
in
the
name
of
the
minor
and
shall
give
notice
to
43
the
minor
of
the
deposit.
44
(2)
A
person
that
transfers
funds
or
other
property
under
the
provi
-
45
sions
of
this
section
is
not
responsible
for
its
proper
application.
46
(3)
A
person
that
receives
funds
or
other
property
for
a
minor
under
47
subsection
(1)(a)
or
(b)
of
this
section
may
apply
it
only
to
the
support,
48
care,
education,
health,
or
welfare
of
the
minor
and
may
not
derive
a
per
-
49

67
sonal
financial
benefit
from
it,
except
for
reimbursement
for
necessary
ex
-
1
penses.
Funds
not
applied
for
such
purposes
shall
be
preserved
for
the
fu
-
2
ture
support,
care,
education,
health,
or
welfare
of
the
minor
and
the
bal
-
3
ance,
if
any,
transferred
to
the
minor
when
the
minor
becomes
an
adult
or
oth
-
4
erwise
is
emancipated.
5
15
-
5
-
433.
MINORS
COMPROMISE
-
-
PROCEDURE.
(1)
When
a
minor
has
a
claim
6
for
money
against
a
third
person,
the
persons
listed
below
have
the
right
to
7
petition
for
a
compromise
of
the
claim
in
the
following
order
of
priority:
8
(a)
An
appointed
conservator
of
the
minor;
9
(b)
A
guardian
of
the
minor,
if
appointed;
10
(c)
Either
or
both
parents,
provided
that:
1
1
(i)
If
the
parents
are
living
separate
and
apart,
then
the
parent
12
who
has
been
awarded
primary
physical
custody;
or
13
(ii)
If
no
custody
award
has
been
made,
then
the
parent
with
whom
14
the
minor
is
living;
15
(d)
A
de
facto
custodian;
and
16
(e)
Any
other
legal
representative.
17
(2)
The
court
for
good
cause
may
pass
over
a
person
having
priority
un
-
18
der
subsection
(1)
of
this
section
and
appoint
a
person
having
less
priority
19
or
no
priority;
provided
that
the
court
shall
not
pass
over
a
parent
or
par
-
20
ents
unless
the
court
concludes
that
the
parent
or
parents
are
incapable
or
21
unwilling
to
act
reasonably
and
in
the
best
interest
of
the
minor.
Such
pro
-
22
posed
compromise
is
not
effective
until
it
is
approved
by
the
district
court
23
of
the
county
where
the
minor
resides
or,
if
the
minor
is
not
a
resident
of
24
the
state
of
Idaho,
by
the
district
court
of
the
county
where
the
claim
arose,
25
upon
verified
petition,
filed
with
the
court.
26
(3)
A
verified
petition
made
pursuant
to
this
section
shall
include
the
27
following:
28
(a)
The
name,
age,
and
residence
of
the
minor;
29
(b)
The
facts
that
bring
the
minor
within
the
purview
of
this
section,
30
including
the
circumstances
that
make
it
a
claim
for
money,
the
name
of
31
the
third
person
against
whom
the
claim
is
made,
and,
if
the
claim
is
the
32
result
of
an
accident,
the
date,
place,
and
facts
of
the
accident;
33
(c)
The
names
and
residence
of
the
parents
or
guardian
of
the
minor;
34
(d)
The
name
and
residence
of
the
person
or
persons
having
physical
cus
-
35
tody
or
control
of
the
minor;
36
(e)
The
name
and
residence
of
the
petitioner,
the
relationship
of
the
37
petitioner
to
the
minor,
and
the
basis
of
the
petitioner's
right
to
com
-
38
promise
the
claim;
39
(f)
The
total
amount
of
proceeds
of
the
proposed
compromise,
the
ap
-
40
portionment
of
those
proceeds,
and
whether
the
fees
and
expenses
are
to
41
be
deducted
before
or
after
the
calculation
of
any
contingency
fee,
in
-
42
cluding
the
amount
to
be
used
for:
43
(i)
Attorney's
fees
and
whether
the
attorney's
fees
are
fixed
or
44
contingent
fees;
45
(ii)
Medical
expenses;
or
46
(iii)
Other
expenses;
47
(g)
Whether
the
petitioner
believes
the
acceptance
of
this
compromise
48
is
in
the
best
interest
of
the
minor;
49

68
(h)
That
the
petitioner
has
been
advised
and
understands
that
accep
-
1
tance
of
the
compromise
will
bar
the
minor
from
seeking
further
relief
2
from
the
third
person
offering
the
compromise;
3
(i)
If
the
claim
involves
a
personal
injury
suffered
by
the
minor,
a
4
summary
of:
5
(i)
The
injury,
prognosis,
treatment,
and
progress
of
recovery
of
6
the
minor;
and
7
(ii)
The
amount
of
medical
expenses
incurred
to
date,
the
nature
8
and
amount
of
medical
expenses
that
have
been
paid
and
by
whom,
any
9
amount
owing
for
medical
expenses,
and
an
estimate
of
the
amount
of
10
medical
expenses
that
may
be
incurred
in
the
future;
and
1
1
(j)
The
policy
limits
of
the
insurance
contract,
if
applicable.
12
(4)
If
the
minor's
claim
is
less
than
ten
thousand
dollars
($10,000)
and
13
the
court
is
satisfied
after
review
of
the
verified
petition
that
the
compro
-
14
mise
is
reasonable
and
in
the
best
interest
of
the
minor,
the
court
may
ap
-
15
prove
the
compromise
or
set
a
hearing.
If
the
minor's
claim
is
ten
thousand
16
dollars
($10,000)
or
more,
the
court
shall
set
a
hearing
for
approval
of
the
17
compromise.
18
(5)
If
the
court
finds
the
compromise
is
reasonable
and
in
the
best
in
-
19
terest
of
the
minor,
the
court
may
approve
such
compromise
and
may
direct
20
that
money
be
paid:
21
(a)
To
the
parents,
guardian,
trustee,
conservator,
legal
representa
-
22
tive,
or
the
designated
payee
thereof
in
accordance
with
the
provisions
23
of
this
chapter;
24
(b)
Subject
to
the
provisions
of
an
appropriate
protective
order;
or
25
(c)
In
accordance
with
the
provisions
of
chapter
14,
title
68,
Idaho
26
Code.
27
(6)
No
filing
fee
shall
be
charged
for
the
filing
of
any
petition
under
28
the
provisions
of
this
section.
29
SECTION
7.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
30
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
31
nated
as
Part
5,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
32
PART
5
33
OTHER
PROTECTIVE
ARRANGEMENTS
34
15
-
5
-
501.
AUTHORITY
FOR
PROTECTIVE
ARRANGEMENT.
(1)
Under
this
part,
35
a
court:
36
(a)
Upon
receiving
a
petition
for
a
guardianship
for
an
adult
may
order
37
a
protective
arrangement
instead
of
guardianship
as
a
less
restrictive
38
alternative
to
guardianship;
and
39
(b)
Upon
receiving
a
petition
for
a
conservatorship
for
an
individual
40
may
order
a
protective
arrangement
instead
of
conservatorship
as
a
less
41
restrictive
alternative
to
conservatorship.
42
(2)
A
person
interested
in
an
adult's
welfare,
including
the
adult
or
43
a
conservator
for
the
adult,
may
petition
under
this
part
for
a
protective
44
arrangement
instead
of
guardianship.
45
(3)
The
following
persons
may
petition
under
this
part
for
a
protective
46
arrangement
instead
of
conservatorship:
47
(a)
The
individual
for
whom
the
protective
arrangement
is
sought;
48

69
(b)
A
person
interested
in
the
property,
financial
affairs,
or
welfare
1
of
the
individual,
including
a
person
that
would
be
affected
adversely
2
by
lack
of
effective
management
of
property
or
financial
affairs
of
the
3
individual;
and
4
(c)
The
guardian
for
the
individual.
5
15
-
5
-
502.
BASIS
FOR
PROTECTIVE
ARRANGEMENT
INSTEAD
OF
GUARDIANSHIP
6
FOR
ADULT.
(1)
After
the
hearing
on
a
petition
under
section
15
-
5
-
302,
Idaho
7
Code,
for
a
guardianship
or
under
section
15
-
5
-
501(2),
Idaho
Code,
for
a
8
protective
arrangement
instead
of
guardianship,
the
court
may
issue
an
order
9
under
subsection
(2)
of
this
section
for
a
protective
arrangement
instead
of
10
guardianship
if
the
court
finds
by
clear
and
convincing
evidence
that:
1
1
(a)
The
respondent
lacks
the
ability
to
meet
essential
requirements
for
12
physical
health,
safety,
or
self
-
care
because
the
respondent
is
unable
13
to
receive
and
evaluate
information
or
make
or
communicate
decisions,
14
even
with
appropriate
supportive
services,
technological
assistance,
15
or
supported
decision
-
making;
and
16
(b)
The
respondent's
identified
needs
cannot
be
met
by
a
less
restric
-
17
tive
alternative.
18
(2)
If
the
court
makes
the
findings
under
subsection
(1)
of
this
sec
-
19
tion,
the
court,
instead
of
appointing
a
guardian,
may:
20
(a)
Authorize
or
direct
a
transaction
necessary
to
meet
the
respon
-
21
dent's
need
for
health,
safety,
or
care,
including:
22
(i)
A
particular
medical
treatment
or
refusal
of
a
particular
23
medical
treatment;
24
(ii)
A
move
to
a
specified
place
of
dwelling;
or
25
(iii)
Visitation
or
supervised
visitation
between
the
respondent
26
and
another
person;
27
(b)
Restrict
access
to
the
respondent
by
a
specified
person
whose
ac
-
28
cess
places
the
respondent
at
serious
risk
of
physical,
psychological,
29
or
financial
harm;
and
30
(c)
Order
other
arrangements
on
a
limited
basis
that
are
appropriate.
31
(3)
In
deciding
whether
to
issue
an
order
under
this
section,
the
court
32
shall
consider
the
factors
under
sections
15
-
5
-
313
and
15
-
5
-
314,
Idaho
Code,
33
that
a
guardian
shall
consider
when
making
a
decision
on
behalf
of
an
adult
34
subject
to
guardianship.
35
15
-
5
-
503.
BASIS
FOR
PROTECTIVE
ARRANGEMENT
INSTEAD
OF
CONSERVATOR
-
36
SHIP
FOR
ADULT
OR
MINOR.
(1)
After
the
hearing
on
a
petition
under
section
37
15
-
5
-
402,
Idaho
Code,
for
conservatorship
for
an
adult
or
under
section
38
15
-
5
-
501(3),
Idaho
Code,
for
a
protective
arrangement
instead
of
conserva
-
39
torship
for
an
adult,
the
court
may
issue
an
order
under
subsection
(3)
of
40
this
section
for
a
protective
arrangement
instead
of
conservatorship
for
the
41
adult
if
the
court
finds
by
clear
and
convincing
evidence
that:
42
(a)
The
adult
is
unable
to
manage
property
or
financial
affairs
be
-
43
cause:
44
(i)
The
adult
is
limited
in
the
ability
to
receive
and
evaluate
45
information
or
make
or
communicate
decisions,
even
with
appropri
-
46
ate
supportive
services,
technological
assistance,
or
supported
47
decision
-
making;
or
48

70
(ii)
The
adult
is
missing,
detained,
or
unable
to
return
to
the
1
United
States;
2
(b)
An
order
under
subsection
(3)
of
this
section
is
necessary
to:
3
(i)
Avoid
harm
to
the
adult
or
significant
dissipation
of
the
4
property
of
the
adult;
or
5
(ii)
Obtain
or
provide
funds
or
other
property
needed
for
the
sup
-
6
port,
care,
education,
health,
or
welfare
of
the
adult
or
an
indi
-
7
vidual
entitled
to
the
adult's
support;
and
8
(c)
The
respondent's
identified
needs
cannot
be
met
by
a
less
restric
-
9
tive
alternative.
10
(2)
After
the
hearing
on
a
petition
under
section
15
-
5
-
402,
Idaho
Code,
1
1
for
conservatorship
for
a
minor
or
under
section
15
-
5
-
501(3),
Idaho
Code,
12
for
a
protective
arrangement
instead
of
conservatorship
for
a
minor,
the
13
court
may
issue
an
order
under
subsection
(3)
of
this
section
for
a
protec
-
14
tive
arrangement
instead
of
conservatorship
for
the
minor
if
the
court
finds
15
by
a
preponderance
of
the
evidence
that
the
arrangement
is
in
the
minor's
16
best
interest,
and:
17
(a)
If
the
minor
has
a
parent,
the
court
gives
weight
to
any
recommenda
-
18
tion
of
the
parent
whether
an
arrangement
is
in
the
minor's
best
inter
-
19
est;
20
(b)
Either:
21
(i)
The
minor
owns
money
or
property
requiring
management
or
pro
-
22
tection
that
otherwise
cannot
be
provided;
23
(ii)
The
minor
has
or
may
have
financial
affairs
that
may
be
put
at
24
unreasonable
risk
or
hindered
because
of
the
minor's
age;
or
25
(iii)
The
arrangement
is
necessary
or
desirable
to
obtain
or
pro
-
26
vide
funds
or
other
property
needed
for
the
support,
care,
educa
-
27
tion,
health,
or
welfare
of
the
minor;
and
28
(c)
The
order
under
subsection
(3)
of
this
section
is
necessary
or
de
-
29
sirable
to
obtain
or
provide
money
needed
for
the
support,
care,
educa
-
30
tion,
health,
or
welfare
of
the
minor.
31
(3)
If
the
court
makes
the
findings
under
subsection
(1)
or
(2)
of
this
32
section,
the
court,
instead
of
appointing
a
conservator,
may:
33
(a)
Authorize
or
direct
a
transaction
necessary
to
protect
the
finan
-
34
cial
interest
or
property
of
the
respondent,
including:
35
(i)
An
action
to
establish
eligibility
for
benefits;
36
(ii)
Payment,
delivery,
deposit,
or
retention
of
funds
or
prop
-
37
erty;
38
(iii)
Sale,
mortgage,
lease,
or
other
transfer
of
property;
39
(iv)
Purchase
of
an
annuity;
40
(v)
Entry
into
a
contractual
relationship,
including
a
contract
41
to
provide
for
personal
care,
supportive
services,
education,
42
training,
or
employment;
43
(vi)
Addition
to
or
establishment
of
a
trust;
44
(vii)
Ratification
or
invalidation
of
a
contract,
trust,
will,
or
45
other
transaction,
including
a
transaction
related
to
the
prop
-
46
erty
or
business
affairs
of
the
respondent;
or
47
(viii)
Settlement
of
a
claim;
or
48

71
(b)
Restrict
access
to
the
respondent's
property
by
a
specified
person
1
whose
access
to
the
property
places
the
respondent
at
serious
risk
of
2
financial
harm.
3
(4)
After
the
hearing
on
a
petition
under
section
15
-
5
-
501(1)(b)
or
4
(3),
Idaho
Code,
whether
or
not
the
court
makes
the
findings
under
subsection
5
(1)
or
(2)
of
this
section,
the
court
may
issue
an
order
to
restrict
access
to
6
the
respondent
or
the
respondent's
property
by
a
specified
person
that
the
7
court
finds
by
clear
and
convincing
evidence:
8
(a)
Through
fraud,
coercion,
duress,
or
the
use
of
deception
and
con
-
9
trol
caused
or
attempted
to
cause
an
action
that
would
have
resulted
in
10
financial
harm
to
the
respondent
or
the
respondent's
property;
and
1
1
(b)
Poses
a
serious
risk
of
substantial
financial
harm
to
the
respon
-
12
dent
or
the
respondent's
property.
13
(5)
Before
issuing
an
order
under
subsection
(3)
or
(4)
of
this
section,
14
the
court
shall
consider
the
factors
under
section
15
-
5
-
418,
Idaho
Code,
15
that
a
conservator
shall
consider
when
making
a
decision
on
behalf
of
an
in
-
16
dividual
subject
to
conservatorship.
17
(6)
Before
issuing
an
order
under
subsection
(3)
or
(4)
of
this
section
18
for
a
respondent
who
is
a
minor,
the
court
shall
also
consider
the
best
inter
-
19
est
of
the
minor,
the
preference
of
the
parents
of
the
minor,
and
the
prefer
-
20
ence
of
the
minor,
if
the
minor
is
twelve
(12)
years
of
age
or
older.
21
15
-
5
-
504.
PETITION
FOR
PROTECTIVE
ARRANGEMENT.
A
petition
for
a
pro
-
22
tective
arrangement
instead
of
guardianship
or
conservatorship
shall
state
23
the
petitioner's
name,
principal
residence,
current
street
address,
if
dif
-
24
ferent,
relationship
to
the
respondent,
interest
in
the
protective
arrange
-
25
ment,
the
name
and
address
of
any
attorney
representing
the
petitioner,
and,
26
to
the
extent
known,
the
following:
27
(1)
The
respondent's
name,
age,
principal
residence,
current
street
28
address,
if
different,
and,
if
different,
address
of
the
dwelling
in
which
29
it
is
proposed
the
respondent
will
reside
if
the
petition
is
granted;
30
(2)
The
name
and
address
of
the
respondent's:
31
(a)
Spouse
or,
if
the
respondent
has
none,
an
adult
with
whom
the
re
-
32
spondent
has
shared
household
responsibilities
for
more
than
six
(6)
33
months
in
the
twelve
(12)
month
period
before
the
filing
of
the
peti
-
34
tion;
35
(b)
Adult
children
or,
if
none,
each
parent
and
adult
sibling
of
the
re
-
36
spondent
or,
if
none,
at
least
one
(1)
adult
nearest
in
kinship
to
the
37
respondent
who
can
be
found
with
reasonable
diligence;
and
38
(c)
Adult
stepchildren
whom
the
respondent
actively
parented
during
39
the
stepchildren's
minor
years
and
with
whom
the
respondent
had
an
on
-
40
going
relationship
in
the
two
(2)
year
period
immediately
before
the
41
filing
of
the
petition;
42
(3)
The
name
and
current
address
of
each
of
the
following,
if
applica
-
43
ble:
44
(a)
A
person
responsible
for
the
care
or
custody
of
the
respondent;
45
(b)
Any
attorney
currently
representing
the
respondent;
46
(c)
The
representative
payee
appointed
by
the
social
security
adminis
-
47
tration
for
the
respondent;
48

72
(d)
A
guardian
or
conservator
acting
for
the
respondent
in
this
state
or
1
another
jurisdiction;
2
(e)
A
trustee
or
custodian
of
a
trust
or
custodianship
of
which
the
re
-
3
spondent
is
a
beneficiary;
4
(f)
The
fiduciary
appointed
for
the
respondent
by
the
department
of
5
veterans
affairs;
6
(g)
An
agent
designated
under
a
medical
directive
in
which
the
respon
-
7
dent
is
identified
as
the
principal;
8
(h)
An
agent
designated
under
a
power
of
attorney
for
finances
in
which
9
the
respondent
is
identified
as
the
principal;
10
(i)
A
person
nominated
as
guardian
or
conservator
by
the
respondent
if
1
1
the
respondent
is
twelve
(12)
years
of
age
or
older;
12
(j)
A
person
nominated
as
guardian
by
the
respondent's
parent
or
spouse
13
in
a
will
or
other
signed
record;
14
(k)
A
person
known
to
have
routinely
assisted
the
respondent
with
deci
-
15
sion
-
making
in
the
six
(6)
month
period
immediately
before
the
filing
of
16
the
petition;
and
17
(l)
If
the
respondent
is
a
minor:
18
(i)
An
adult
not
otherwise
listed
with
whom
the
respondent
re
-
19
sides;
and
20
(ii)
Each
person
not
otherwise
listed
that
had
primary
care
or
21
custody
of
the
respondent
for
at
least
sixty
(60)
days
during
the
22
two
(2)
years
immediately
before
the
filing
of
the
petition
or
for
23
at
least
seven
hundred
thirty
(730)
days
during
the
five
(5)
years
24
immediately
before
the
filing
of
the
petition;
25
(4)
The
nature
of
the
protective
arrangement
sought;
26
(5)
The
reason
the
protective
arrangement
sought
is
necessary,
includ
-
27
ing
a
brief
description
of:
28
(a)
The
nature
and
extent
of
the
respondent's
alleged
need;
29
(b)
Any
less
restrictive
alternative
for
meeting
the
respondent's
al
-
30
leged
need
that
has
been
considered
or
implemented;
31
(c)
If
no
less
restrictive
alternative
has
been
considered
or
imple
-
32
mented,
the
reason
less
restrictive
alternatives
have
not
been
consid
-
33
ered
or
implemented;
and
34
(d)
The
reason
other
less
restrictive
alternatives
are
insufficient
to
35
meet
the
respondent's
alleged
need;
36
(6)
The
name
and
current
address,
if
known,
of
any
person
with
whom
the
37
petitioner
seeks
to
limit
the
respondent's
contact;
38
(7)
Whether
the
respondent
needs
an
interpreter,
translator,
or
other
39
form
of
support
to
communicate
effectively
with
the
court
or
understand
40
court
proceedings;
41
(8)
If
a
protective
arrangement
instead
of
guardianship
is
sought
and
42
the
respondent
has
property
other
than
personal
effects,
a
general
statement
43
of
the
respondent's
property
with
an
estimate
of
its
value,
including
any
in
-
44
surance
or
pension,
and
the
source
and
amount
of
any
other
anticipated
income
45
or
receipts;
and
46
(9)
If
a
protective
arrangement
instead
of
conservatorship
is
sought,
47
a
general
statement
of
the
respondent's
property
with
an
estimate
of
its
48
value,
including
any
insurance
or
pension,
and
the
source
and
amount
of
other
49
anticipated
income
or
receipts.
50

73
15
-
5
-
505.
NOTICE
AND
HEARING.
(1)
Upon
filing
of
a
petition
under
sec
-
1
tion
15
-
5
-
501,
Idaho
Code,
the
court
shall
set
a
date,
time,
and
place
for
a
2
hearing
on
the
petition.
3
(2)
A
copy
of
a
petition
under
section
15
-
5
-
501,
Idaho
Code,
and
no
-
4
tice
of
a
hearing
on
the
petition
shall
be
served
personally
on
the
respon
-
5
dent.
The
notice
shall
inform
the
respondent
of
the
respondent's
rights
at
6
the
hearing,
including
the
right
to
an
attorney
and
to
attend
the
hearing.
7
The
notice
shall
include
a
description
of
the
nature,
purpose,
and
conse
-
8
quences
of
granting
the
petition.
The
court
may
not
grant
the
petition
if
9
notice
substantially
complying
with
this
subsection
is
not
served
on
the
re
-
10
spondent.
1
1
(3)
In
a
proceeding
on
a
petition
under
section
15
-
5
-
501,
Idaho
Code,
12
the
notice
required
under
subsection
(2)
of
this
section
shall
be
given
to
13
the
persons
required
to
be
listed
in
the
petition
under
section
15
-
5
-
504(1)
14
through
(3),
Idaho
Code,
and
any
other
person
interested
in
the
respondent's
15
welfare
as
the
court
determines.
Failure
to
give
notice
under
this
subsec
-
16
tion
does
not
preclude
the
court
from
granting
the
petition.
17
(4)
After
the
court
has
ordered
a
protective
arrangement
under
this
18
part,
notice
of
a
hearing
on
a
petition
filed
under
this
section,
together
19
with
a
copy
of
the
petition,
shall
be
given
to
the
respondent
and
any
other
20
person
as
the
court
determines.
21
15
-
5
-
506.
APPOINTMENT
AND
ROLE
OF
DD
EVALUATION
COMMITTEE
OR
VISI
-
22
TOR.
(1)
Upon
filing
of
a
petition
under
section
15
-
5
-
501,
Idaho
Code,
for
an
23
adult
with
a
developmental
disability,
the
court
may
appoint
a
DD
evaluation
24
committee
to
conduct
an
evaluation.
25
(2)
Upon
filing
of
a
petition
under
section
15
-
5
-
501,
Idaho
Code,
for
an
26
adult
without
a
developmental
disability,
the
court
may
appoint
a
visitor
to
27
conduct
an
evaluation.
28
(3)
The
appointment
and
role
of
a
DD
evaluation
committee
or
visitor
un
-
29
der
this
section
shall
be
conducted
in
accordance
with
Idaho
supreme
court
30
rules.
31
15
-
5
-
507.
APPOINTMENT
AND
ROLE
OF
ATTORNEY.
(1)
Unless
the
respondent
32
in
a
proceeding
under
this
part
is
represented
by
an
attorney,
the
court
33
shall
appoint
an
attorney
to
represent
the
respondent,
regardless
of
the
34
respondent's
ability
to
pay.
35
(2)
An
attorney
representing
the
respondent
in
a
proceeding
under
this
36
part
shall:
37
(a)
Make
reasonable
efforts
to
ascertain
the
respondent's
wishes;
38
(b)
Advocate
for
the
respondent's
wishes
to
the
extent
reasonably
as
-
39
certainable;
and
40
(c)
If
the
respondent's
wishes
are
not
reasonably
ascertainable,
advo
-
41
cate
for
the
result
that
is
the
least
restrictive
alternative
in
type,
42
duration,
and
scope,
consistent
with
the
respondent's
interests.
43
(3)
The
court
shall
appoint
an
attorney
to
represent
a
parent
of
a
minor
44
who
is
the
subject
of
a
proceeding
under
this
part
if:
45
(a)
The
parent
objects
to
the
entry
of
an
order
for
a
protective
ar
-
46
rangement
instead
of
guardianship
or
conservatorship;
47

74
(b)
The
court
determines
that
counsel
is
needed
to
ensure
that
consent
1
to
the
entry
of
an
order
for
a
protective
arrangement
is
informed;
or
2
(c)
The
court
otherwise
determines
the
parent
needs
representation.
3
15
-
5
-
508.
PROFESSIONAL
EVALUATION.
(1)
At
or
before
a
hearing
on
a
pe
-
4
tition
under
this
part
for
a
protective
arrangement,
the
court
may
order
a
5
professional
evaluation
of
the
respondent:
6
(a)
If
the
respondent
requests
the
evaluation;
or
7
(b)
In
other
cases,
unless
the
court
finds
that
it
has
sufficient
in
-
8
formation
to
determine
the
respondent's
needs
and
abilities
without
the
9
evaluation.
10
(2)
If
the
court
orders
an
evaluation
under
subsection
(1)
of
this
sec
-
1
1
tion,
the
respondent
shall
be
examined
by
a
licensed
physician,
psycholo
-
12
gist,
social
worker,
or
other
individual
appointed
by
the
court
who
is
qual
-
13
ified
to
evaluate
the
respondent's
alleged
cognitive
and
functional
abili
-
14
ties
and
limitations
and
will
not
be
advantaged
or
disadvantaged
by
a
deci
-
15
sion
to
grant
the
petition
or
otherwise
have
a
conflict
of
interest.
The
in
-
16
dividual
conducting
the
evaluation
promptly
shall
file
a
report
in
a
record
17
with
the
court.
Unless
otherwise
directed
by
the
court,
the
report
shall
18
contain:
19
(a)
A
description
of
the
nature,
type,
and
extent
of
the
respondent's
20
cognitive
and
functional
abilities
and
limitations;
21
(b)
An
evaluation
of
the
respondent's
mental
and
physical
condition
22
and,
if
appropriate,
educational
potential,
adaptive
behavior,
and
23
social
skills;
24
(c)
A
prognosis
for
improvement,
including
with
regard
to
the
ability
25
to
manage
the
respondent's
property
and
financial
affairs
if
a
limita
-
26
tion
in
that
ability
is
alleged,
and
recommendation
for
the
appropriate
27
treatment,
support,
or
habilitation
plan;
and
28
(d)
The
date
of
the
examination
on
which
the
report
is
based.
29
(3)
The
respondent
may
decline
to
participate
in
an
evaluation
ordered
30
under
subsection
(1)
of
this
section.
31
15
-
5
-
509.
ATTENDANCE
AND
RIGHTS
AT
HEARING.
(1)
Except
as
otherwise
32
provided
in
subsection
(2)
of
this
section,
a
hearing
under
this
part
may
not
33
proceed
unless
the
respondent
attends
the
hearing.
If
it
is
not
reasonably
34
feasible
for
the
respondent
to
attend
a
hearing
at
the
location
court
pro
-
35
ceedings
typically
are
held,
the
court
shall
make
reasonable
efforts
to
hold
36
the
hearing
at
an
alternative
location
convenient
to
the
respondent
or
allow
37
the
respondent
to
attend
the
hearing
using
real
-
time
audio
-
visual
technol
-
38
ogy.
39
(2)
A
hearing
under
this
part
may
proceed
without
the
respondent
in
at
-
40
tendance
if
the
court
finds
by
clear
and
convincing
evidence
that:
41
(a)
The
respondent
consistently
and
repeatedly
has
refused
to
attend
42
the
hearing
after
having
been
fully
informed
of
the
right
to
attend
and
43
the
potential
consequences
of
failing
to
attend;
44
(b)
There
is
no
practicable
way
for
the
respondent
to
attend
and
par
-
45
ticipate
in
the
hearing
even
with
appropriate
supportive
services
and
46
technological
assistance;
or
47

75
(c)
The
respondent
is
a
minor
who
has
received
proper
notice
and
atten
-
1
dance
would
be
harmful
to
the
minor.
2
(3)
The
respondent
may
be
assisted
in
a
hearing
under
this
part
by
a
per
-
3
son
or
persons
of
the
respondent's
choosing,
assistive
technology,
or
an
in
-
4
terpreter
or
translator,
or
a
combination
of
these
supports.
If
assistance
5
would
facilitate
the
respondent's
participation
in
the
hearing,
but
is
not
6
otherwise
available
to
the
respondent,
the
court
shall
make
reasonable
ef
-
7
forts
to
provide
it.
8
(4)
The
respondent
has
a
right
to
choose
an
attorney
to
represent
the
9
respondent
at
a
hearing
under
this
part.
10
(5)
At
a
hearing
under
this
part,
the
respondent
may:
1
1
(a)
Present
evidence
and
subpoena
witnesses
and
documents;
12
(b)
Examine
witnesses,
including
any
court
-
appointed
evaluator,
any
13
member
of
a
DD
evaluation
committee,
and
the
visitor;
and
14
(c)
Otherwise
participate
in
the
hearing.
15
(6)
A
hearing
under
this
part
shall
be
closed
upon
request
of
the
re
-
16
spondent
and
a
showing
of
good
cause.
17
(7)
Any
person
may
request
to
participate
in
a
hearing
under
this
part.
18
The
court
may
grant
the
request,
with
or
without
a
hearing,
upon
determining
19
that
the
best
interest
of
the
respondent
will
be
served.
The
court
may
impose
20
appropriate
conditions
on
the
person's
participation.
21
15
-
5
-
510.
NOTICE
OF
ORDER.
The
petitioner
shall
give
notice
of
an
or
-
22
der
under
this
part
to
the
individual
who
is
subject
to
the
protective
ar
-
23
rangement
instead
of
guardianship
or
conservatorship,
a
person
whose
access
24
to
the
individual
is
restricted
by
the
order,
and
any
other
person
as
the
25
court
determines.
26
15
-
5
-
511.
CONFIDENTIALITY
OF
RECORDS.
The
confidentiality
of
records
27
in
a
proceeding
for
a
protective
arrangement
shall
be
maintained
in
accor
-
28
dance
with
Idaho
supreme
court
rules.
29
15
-
5
-
512.
APPOINTMENT
OF
MASTER.
The
court
may
appoint
a
master
to
as
-
30
sist
in
implementing
a
protective
arrangement
under
this
part.
The
master
31
has
the
authority
conferred
by
the
order
of
appointment
and
serves
until
dis
-
32
charged
by
court
order.
33
SECTION
8.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
34
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
35
nated
as
Part
6,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
36
PART
6
37
FORMS
[RESERVED]
38
SECTION
9.
That
Chapter
5,
Title
15,
Idaho
Code,
be,
and
the
same
is
39
hereby
amended
by
the
addition
thereto
of
a
NEW
PART
,
to
be
known
and
desig
-
40
nated
as
Part
7,
Chapter
5,
Title
15,
Idaho
Code,
and
to
read
as
follows:
41
PART
7
42
MISCELLANEOUS
PROVISIONS
43

76
15
-
5
-
701.
UNIFORMITY
OF
APPLICATION
AND
CONSTRUCTION.
In
applying
and
1
construing
this
uniform
act,
consideration
shall
be
given
to
the
need
to
pro
-
2
mote
uniformity
of
the
law
with
respect
to
its
subject
matter
among
states
3
that
enact
it.
4
15
-
5
-
702.
RELATION
TO
ELECTRONIC
SIGNATURES
IN
GLOBAL
AND
NATIONAL
5
COMMERCE
ACT.
This
chapter
modifies,
limits,
or
supersedes
the
electronic
6
signatures
in
global
and
national
commerce
act,
15
U.S.C.
7001
et
seq.,
but
7
does
not
modify,
limit,
or
supersede
section
101(c)
of
that
act,
15
U.S.C.
8
7001(c),
or
authorize
electronic
delivery
of
any
of
the
notices
described
in
9
section
103(b)
of
that
act,
15
U.S.C.
7003(b).
10
15
-
5
-
703.
APPLICABILITY.
This
act
applies
to:
1
1
(1)
A
proceeding
for
appointment
of
a
guardian
or
conservator
or
for
12
a
protective
arrangement
instead
of
guardianship
or
conservatorship
com
-
13
menced
after
January
1,
2027;
and
14
(2)
A
guardianship,
conservatorship,
or
protective
arrangement
in
-
15
stead
of
guardianship
or
conservatorship
in
existence
on
January
1,
2027,
16
unless
the
court
finds
application
of
a
particular
provision
of
this
act
17
would
substantially
interfere
with
the
effective
conduct
of
the
proceeding
18
or
prejudice
the
rights
of
a
party,
in
which
case
the
particular
provision
of
19
this
act
does
not
apply
and
the
superseded
law
applies.
20
15
-
5
-
704.
SEVERABILITY.
If
any
provision
of
this
act
or
its
applica
-
21
tion
to
any
person
or
circumstance
is
held
invalid,
the
invalidity
does
not
22
affect
other
provisions
or
applications
of
this
act
that
can
be
given
effect
23
without
the
invalid
provision
or
application,
and
to
this
end,
the
provi
-
24
sions
of
this
act
are
severable.
25
SECTION
10.
That
Section
15
-
1
-
201,
Idaho
Code,
be,
and
the
same
is
26
hereby
amended
to
read
as
follows:
27
15
-
1
-
201.
GENERAL
DEFINITIONS.
Subject
to
additional
definitions
28
contained
in
the
subsequent
chapters
which
are
applicable
to
specific
chap
-
29
ters
or
parts,
and
unless
the
context
otherwise
requires,
in
this
code:
30
(1)
"Application"
means
a
written
request
to
the
registrar
for
an
order
31
of
informal
probate
or
appointment
under
part
3
of
chapter
3
of
this
code.
32
(2)
"Augmented
estate"
means
the
estate
described
in
section
15
-
2
-
202,
33
Idaho
Code.
34
(3)
"Beneficiary,"
as
it
relates
to
trust
beneficiaries,
includes
a
35
person
who
has
any
present
or
future
interest,
vested
or
contingent,
and
also
36
includes
the
owner
of
an
interest
by
assignment
or
other
transfer
and
as
it
37
relates
to
a
charitable
trust,
includes
any
person
entitled
to
enforce
the
38
trust.
39
(4)
"Child"
includes
any
individual
entitled
to
take
as
a
child
under
40
this
code
by
intestate
succession
from
the
parent
whose
relationship
is
in
-
41
volved
and
excludes
any
person
who
is
only
a
stepchild,
a
foster
child,
a
42
grandchild
or
any
more
remote
descendant.
43
(5)
"Claims,"
in
respect
to
estates
of
decedents
and
protected
persons,
44
includes
liabilities
of
the
decedent
or
protected
person
whether
arising
in
45
contract,
in
tort
or
otherwise,
and
liabilities
of
the
estate
which
arise
46

77
at
or
after
the
death
of
the
decedent
or
after
the
appointment
of
a
conser
-
1
vator,
including
funeral
expenses
and
expenses
of
administration.
The
term
2
does
not
include
estate
or
inheritance
taxes,
other
tax
obligations
arising
3
from
activities
or
transactions
of
the
estate,
demands
or
disputes
regarding
4
title
of
a
decedent
or
protected
person
to
specific
assets
alleged
to
be
in
-
5
cluded
in
the
estate.
6
(6)
"Community
property"
is
as
defined
in
section
32
-
906,
Idaho
Code.
7
(7)
"Conservator"
means
a
person
who
is
appointed
by
a
court
to
manage
8
the
estate
of
a
protected
person
and
includes
limited
conservators
as
de
-
9
scribed
by
section
15
-
5
-
420,
Idaho
Code.
10
(8)
"Court"
means
the
court
or
branch
having
jurisdiction
in
matters
1
1
relating
to
the
affairs
of
decedents,
minors,
incapacitated
and
disabled
12
persons.
This
court
in
this
state
is
known
as
the
district
court.
13
(9)
"Determination
of
heirship
of
community
property"
shall
mean
that
14
determination
required
by
the
provisions
of
section
15
-
3
-
303,
Idaho
Code,
15
upon
an
application
for
informal
probate
not
accompanied
by
presentation
of
16
a
will.
17
(10)
"Determination
of
heirship"
shall
mean
that
determination
of
heir
-
18
ship
required
by
section
15
-
3
-
409,
Idaho
Code,
upon
a
finding
of
intestacy.
19
(11)
"Devise,"
when
used
as
a
noun,
means
a
testamentary
disposition
of
20
real
or
personal
property
and
when
used
as
a
verb,
means
to
dispose
of
real
or
21
personal
property
by
will.
22
(12)
"Devisee"
means
any
person
designated
in
a
will
to
receive
a
de
-
23
vise.
In
the
case
of
a
devise
to
an
existing
trust
or
trustee,
or
to
a
trustee
24
or
trust
described
by
will,
the
trust
or
trustee
is
the
devisee
and
the
bene
-
25
ficiaries
are
not
devisees.
26
(13)
"Disability,"
with
respect
to
an
individual,
means
any
mental
or
27
physical
impairment
which
substantially
limits
one
(1)
or
more
major
life
28
activities
of
the
individual
including,
but
not
limited
to,
self
-
care,
man
-
29
ual
tasks,
walking,
seeing,
hearing,
speaking,
learning,
or
working,
or
a
30
record
of
such
an
impairment,
or
being
regarded
as
having
such
an
impairment.
31
Disability
shall
not
include
transvestism,
transsexualism,
pedophilia,
32
exhibitionism,
voyeurism,
other
sexual
behavior
disorders,
or
substance
use
33
disorders,
compulsive
gambling,
kleptomania,
or
pyromania.
Sexual
prefer
-
34
ence
or
orientation
is
not
considered
an
impairment
or
disability.
Whether
35
an
impairment
substantially
limits
a
major
life
activity
shall
be
determined
36
without
consideration
of
the
effect
of
corrective
or
mitigating
measures
37
used
to
reduce
the
effects
of
the
impairment.
38
(14)
"Distributee"
means
any
person
who
has
received
property
of
a
dece
-
39
dent
from
his
personal
representative
other
than
as
a
creditor
or
purchaser.
40
A
testamentary
trustee
is
a
distributee
only
to
the
extent
of
distributed
as
-
41
sets
or
increment
thereto
remaining
in
his
hands.
A
beneficiary
of
a
tes
-
42
tamentary
trust
to
whom
the
trustee
has
distributed
property
received
from
43
a
personal
representative
is
a
distributee
of
the
personal
representative.
44
For
the
purpose
of
this
provision
"testamentary
trustee"
includes
a
trustee
45
to
whom
assets
are
transferred
by
will,
to
the
extent
of
the
devised
assets.
46
(15)
"Emancipated
minor"
shall
mean
any
male
or
female
who
has
been
mar
-
47
ried.
48
(16)
"Estate"
means
all
property
of
the
decedent,
including
community
49
property
of
the
surviving
spouse
subject
to
administration,
property
of
50

78
trusts,
and
property
of
any
other
person
whose
affairs
are
subject
to
this
1
code
as
it
exists
from
time
to
time
during
administration.
2
(17)
"Exempt
property"
means
that
property
of
a
decedent's
estate
which
3
is
described
in
section
15
-
2
-
403,
Idaho
Code.
4
(18)
"Fiduciary"
includes
personal
representative,
guardian,
conser
-
5
vator
and
trustee.
6
(19)
"Foreign
personal
representative"
means
a
personal
representative
7
of
another
jurisdiction.
8
(20)
"Formal
proceedings"
means
those
conducted
before
a
judge
with
no
-
9
tice
to
interested
persons.
10
(21)
"Guardian"
means
a
person
who
has
qualified
as
a
guardian
of
a
minor
1
1
or
incapacitated
person
pursuant
to
testamentary
or
court
appointment
and
12
includes
limited
guardians
as
described
by
section
15
-
5
-
304,
Idaho
Code,
but
13
excludes
one
who
is
merely
a
guardian
ad
litem.
14
(22)
"Heirs"
means
those
persons,
including
the
surviving
spouse,
who
15
are
entitled
under
the
statutes
of
intestate
succession
to
the
property
of
a
16
decedent.
17
(23)
"Incapacitated
person"
is
as
defined
in
section
15
-
5
-
101,
Idaho
18
Code.
means
any
person
who
is
impaired,
except
by
minority,
to
the
extent
19
that
he
lacks
sufficient
understanding
or
capacity
to
make
or
communicate
20
responsible
decisions
concerning
his
person,
provided,
that
the
term
shall
21
not
refer
to
a
person
with
a
developmental
disability
as
defined
in
section
22
66
-
402(4),
Idaho
Code,
and
provided
further
that:
23
(a)
"Incapacity"
means
a
legal,
not
a
medical,
disability
and
shall
24
be
measured
by
function
limitations,
and
it
shall
be
construed
to
mean
25
or
refer
to
any
person
who
has
suffered,
is
suffering,
or
is
likely
to
26
suffer
substantial
harm
due
to
an
inability
to
provide
for
his
personal
27
needs
for
food,
clothing,
shelter,
health
care,
or
safety
or
an
inabil
-
28
ity
to
manage
his
property
or
financial
affairs;
29
(b)
Inability
to
provide
for
personal
needs
or
to
manage
property
shall
30
be
evidenced
by
acts
or
occurrences,
or
statements
that
strongly
in
-
31
dicate
imminent
acts
or
occurrences.
Material
evidence
of
inability
32
shall
have
occurred
within
twelve
(12)
months
prior
to
the
filing
of
the
33
petition
for
guardianship
or
conservatorship;
34
(c)
Isolated
instances
of
simple
negligence
or
improvidence,
lack
of
35
resources,
or
any
act,
occurrence,
or
statement,
if
that
act,
occur
-
36
rence,
or
statement
is
the
product
of
an
informed
judgment,
shall
not
37
constitute
evidence
of
inability
to
provide
for
personal
needs
or
to
38
manage
property;
and
39
(d)
"Informed
judgment"
means
a
choice
made
by
a
person
who
has
the
40
ability
to
make
such
a
choice
and
who
makes
it
voluntarily
after
all
41
relevant
information
necessary
to
making
the
decision
has
been
provided
42
and
who
understands
that
he
is
free
to
choose
or
refuse
any
alternative
43
available
and
who
clearly
indicates
or
expresses
the
outcome
of
his
44
choice.
45
(24)
"Informal
proceedings"
means
those
conducted
without
notice
to
in
-
46
terested
persons
by
an
officer
of
the
court
acting
as
a
registrar
for
probate
47
of
a
will
or
appointment
of
a
personal
representative.
48
(25)
"Interested
person"
includes
heirs,
devisees,
children,
spouses,
49
creditors,
beneficiaries
and
any
others
having
a
property
right
in
or
claim
50

79
against
a
trust
estate
or
the
estate
of
a
decedent,
ward
or
protected
per
-
1
son
which
may
be
affected
by
the
proceeding.
It
also
includes
persons
hav
-
2
ing
priority
for
appointment
as
personal
representative,
and
other
fiducia
-
3
ries
representing
interested
persons.
The
meaning
as
it
relates
to
partic
-
4
ular
persons
may
vary
from
time
to
time
and
must
be
determined
according
to
5
the
particular
purposes
of,
and
matter
involved
in,
any
proceeding.
In
a
6
guardianship
or
conservatorship
proceeding,
it
also
includes
any
governmen
-
7
tal
agency
paying
or
planning
to
pay
benefits
to
the
ward
or
protected
per
-
8
son
and
any
public
or
charitable
agency
that
regularly
concerns
itself
with
9
methods
for
preventing
unnecessary
or
overly
intrusive
court
intervention
10
in
the
affairs
of
persons
for
whom
protective
orders
may
be
sought
and
that
1
1
seeks
to
participate
in
the
proceedings.
12
(26)
"Issue"
of
a
person
means
all
his
lineal
descendants
of
all
genera
-
13
tions,
with
the
relationship
of
parent
and
child
at
each
generation
being
de
-
14
termined
by
the
definitions
of
child
and
parent
contained
in
this
code.
15
(27)
"Lease"
includes
an
oil,
gas,
or
other
mineral
lease.
16
(28)
"Letters"
includes
letters
testamentary,
letters
of
guardianship,
17
letters
of
administration,
and
letters
of
conservatorship.
18
(29)
"Minor"
means
a
male
under
eighteen
(18)
years
of
age
or
a
female
19
under
eighteen
(18)
years
of
age.
20
(30)
"Mortgage"
means
any
conveyance,
agreement
or
arrangement
in
which
21
property
is
used
as
security.
22
(31)
"Nonresident
decedent"
means
a
decedent
who
was
domiciled
in
an
-
23
other
jurisdiction
at
the
time
of
his
death.
24
(32)
"Organization"
includes
a
corporation,
government
or
governmental
25
subdivision
or
agency,
business
trust,
estate,
trust,
partnership
or
asso
-
26
ciation,
two
(2)
or
more
persons
having
a
joint
or
common
interest,
or
any
27
other
legal
entity.
28
(33)
"Parent"
includes
any
person
entitled
to
take,
or
who
would
be
en
-
29
titled
to
take
if
the
child
died
without
a
will,
as
a
parent
under
this
code
30
by
intestate
succession
from
the
child
whose
relationship
is
in
question
and
31
excludes
any
person
who
is
only
a
stepparent,
foster
parent,
or
grandparent.
32
(34)
"Person"
means
an
individual,
a
corporation,
business
trust,
es
-
33
tate,
trust,
partnership,
limited
liability
company,
association,
joint
34
venture,
public
corporation,
government,
governmental
subdivision,
agency,
35
or
instrumentality,
or
any
other
legal
or
commercial
entity.
36
(35)
"Personal
representative"
includes
executor,
administrator,
suc
-
37
cessor
personal
representative,
special
administrator,
and
persons
who
per
-
38
form
substantially
the
same
function
under
the
law
governing
their
status.
39
"General
personal
representative"
excludes
special
administrator.
40
(36)
"Petition"
means
a
written
request
to
the
court
for
an
order
after
41
notice.
42
(37)
"Proceeding"
includes
action
at
law
and
suit
in
equity.
43
(38)
"Property"
includes
both
real
and
personal
property
or
any
inter
-
44
est
therein
and
means
anything
that
may
be
the
subject
of
ownership.
45
(39)
"Protected
person"
is
as
defined
in
section
15
-
5
-
101,
Idaho
Code.
46
(40)
"Protective
proceeding"
is
as
defined
in
section
15
-
5
-
101,
Idaho
47
Code.
48
(41)
"Quasi
-
community
property"
is
the
property
defined
by
section
49
15
-
2
-
201,
Idaho
Code.
50

80
(42)
"Registrar"
refers
to
magistrates
or
judges
of
the
district
court
1
who
shall
perform
the
functions
of
registrar
as
provided
in
section
15
-
1
-
2
307,
Idaho
Code.
3
(43)
"Security"
includes
any
note,
stock,
treasury
stock,
bond,
deben
-
4
ture,
evidence
of
indebtedness,
certificate
of
interest
or
participation
in
5
an
oil,
gas
or
mining
title
or
lease
or
in
payments
out
of
production
un
-
6
der
such
a
title
or
lease,
collateral
trust
certificate,
transferable
share,
7
voting
trust
certificate
or,
in
general,
any
interest
or
instrument
commonly
8
known
as
a
security,
or
any
certificate
of
interest
or
participation,
any
9
temporary
or
interim
certificate,
receipt
or
certificate
of
deposit
for,
or
10
any
warrant
or
right
to
subscribe
to
or
purchase,
any
of
the
foregoing.
1
1
(44)
"Separate
property"
is
as
defined
in
section
32
-
903,
Idaho
Code.
12
(45)
"Settlement,"
in
reference
to
a
decedent's
estate,
includes
the
13
full
process
of
administration,
distribution
and
closing.
14
(46)
"Settlor"
includes
grantor,
trustor,
and
words
of
similar
import.
15
(47)
"Special
administrator"
means
a
personal
representative
as
de
-
16
scribed
by
sections
15
-
3
-
614
through
15
-
3
-
618,
Idaho
Code.
17
(48)
"State"
includes
any
state
of
the
United
States,
the
District
of
18
Columbia,
the
Commonwealth
of
Puerto
Rico,
and
any
territory
or
possession
19
subject
to
the
legislative
authority
of
the
United
States.
20
(49)
"Successor
personal
representative"
means
a
personal
representa
-
21
tive,
other
than
a
special
administrator,
who
is
appointed
to
succeed
a
pre
-
22
viously
appointed
personal
representative.
23
(50)
"Successors"
means
those
persons,
other
than
creditors,
who
are
24
entitled
to
property
of
a
decedent
under
his
will
or
this
code.
25
(51)
"Supervised
administration"
refers
to
the
proceedings
described
26
in
part
5,
chapter
3,
of
this
code.
27
(52)
"Testacy
proceeding"
means
a
proceeding
to
establish
a
will
or
de
-
28
termine
intestacy.
29
(53)
"Trust"
includes
any
express
trust,
private
or
charitable,
with
30
additions
thereto,
wherever
and
however
created.
It
also
includes
a
trust
31
created
or
determined
by
judgment
or
decree
under
which
the
trust
is
to
be
32
administered
in
the
manner
of
an
express
trust.
"Trust"
excludes
other
con
-
33
structive
trusts,
and
it
excludes
resulting
trusts,
conservatorships,
per
-
34
sonal
representatives,
trust
accounts
as
defined
in
chapter
6
of
this
code,
35
custodial
arrangements
pursuant
to
chapter
8,
title
68,
Idaho
Code,
business
36
trusts
providing
for
certificates
to
be
issued
to
beneficiaries,
common
37
trust
funds,
voting
trusts,
security
arrangements,
liquidation
trusts,
38
and
trusts
for
the
primary
purpose
of
paying
debts,
dividends,
interest,
39
salaries,
wages,
profits,
pensions,
or
employee
benefits
of
any
kind,
and
40
any
arrangement
under
which
a
person
is
nominee
or
escrowee
for
another.
41
(54)
"Trustee"
includes
an
original,
additional,
or
successor
trustee,
42
whether
or
not
appointed
or
confirmed
by
court.
43
(55)
"Ward"
is
as
defined
in
section
15
-
5
-
101,
Idaho
Code.
44
(56)
"Will"
is
a
testamentary
instrument
and
includes
codicil
and
any
45
testamentary
instrument
which
merely
appoints
an
executor
or
revokes
or
re
-
46
vises
another
will.
47
SECTION
11.
That
Section
15
-
12
-
108,
Idaho
Code,
be,
and
the
same
is
48
hereby
amended
to
read
as
follows:
49

81
15
-
12
-
108.
NOMINATION
OF
CONSERVATOR
-
-
RELATION
OF
AGENT
TO
COURT
-
1
APPOINTED
FIDUCIARY.
(1)
In
a
power
of
attorney,
a
principal
may
nominate
a
2
conservator
of
the
principal's
estate
for
consideration
by
the
court
if
pro
-
3
tective
proceedings
for
the
principal's
estate
are
thereafter
commenced.
4
(2)
If,
after
a
principal
executes
a
power
of
attorney,
a
court
appoints
5
a
conservator
of
the
principal's
estate
or
other
fiduciary
charged
with
the
6
management
of
some
or
all
of
the
principal's
property,
including
appointment
7
of
a
temporary
conservator
pursuant
to
section
15
-
5
-
407A
15
-
5
-
125
,
Idaho
8
Code,
the
agent
is
accountable
to
the
fiduciary
as
well
as
to
the
principal.
9
The
power
of
attorney
is
terminated
unless
otherwise
ordered
by
the
court.
10
SECTION
12.
That
Section
18
-
211,
Idaho
Code,
be,
and
the
same
is
hereby
1
1
amended
to
read
as
follows:
12
18
-
211.
EXAMINATION
OF
DEFENDANT
-
-
APPOINTMENT
OF
PSYCHIATRISTS
AND
13
LICENSED
PSYCHOLOGISTS
-
-
HOSPITALIZATION
-
-
REPORT.
(1)
Whenever
there
14
is
reason
to
doubt
the
defendant's
fitness
to
proceed
as
set
forth
in
sec
-
15
tion
18
-
210,
Idaho
Code,
the
court
shall
appoint
at
least
one
(1)
qualified
16
psychiatrist
or
licensed
psychologist
or
shall
request
the
director
of
the
17
department
of
health
and
welfare
to
designate
at
least
one
(1)
qualified
18
psychiatrist
or
licensed
psychologist
to
examine
and
report
upon
the
mental
19
condition
of
the
defendant
to
assist
counsel
with
defense
or
understand
the
20
proceedings.
The
appointed
examiner
shall
also
evaluate
whether
the
defen
-
21
dant
lacks
capacity
to
make
informed
decisions
about
treatment.
The
costs
22
of
examination
shall
be
paid
by
the
defendant
if
he
is
financially
able.
The
23
determination
of
ability
to
pay
shall
be
made
in
accordance
with
chapter
8,
24
title
19,
Idaho
Code.
25
(2)
Within
three
(3)
days,
excluding
Saturdays,
Sundays
and
legal
hol
-
26
idays,
of
the
appointment
or
designation,
the
examiner
shall
determine
the
27
best
location
for
the
examination.
If
practical,
the
examination
shall
be
28
conducted
locally
on
an
outpatient
basis.
29
(3)
If
the
examiner
determines
that
confinement
is
necessary
for
pur
-
30
poses
of
the
examination,
the
court
may
order
the
defendant
to
be
confined
to
31
a
jail,
a
hospital,
or
other
suitable
facility
for
that
purpose
for
a
period
32
not
exceeding
thirty
(30)
days.
The
order
of
confinement
shall
require
the
33
county
sheriff
to
transport
the
defendant
to
and
from
the
facility
and
shall
34
notify
the
facility
of
any
known
medical,
behavioral,
or
security
require
-
35
ments
of
the
defendant.
The
court,
upon
request,
may
make
available
to
the
36
examiner
any
court
records
relating
to
the
defendant.
37
(4)
In
such
examination,
any
method
may
be
employed
that
is
accepted
by
38
the
examiner's
profession
for
the
examination
of
those
alleged
not
to
be
com
-
39
petent
to
assist
counsel
in
their
defense.
40
(5)
Upon
completion
of
the
examination,
a
report
shall
be
submitted
to
41
the
court
and
shall
include
the
following:
42
(a)
A
description
of
the
nature
of
the
examination;
43
(b)
A
diagnosis
or
evaluation
of
the
mental
condition
of
the
defendant;
44
(c)
An
opinion
as
to
the
defendant's
capacity
to
understand
the
pro
-
45
ceedings
against
him
and
to
assist
in
his
own
defense;
46
(d)
An
opinion
whether
the
defendant
lacks
the
capacity
to
make
in
-
47
formed
decisions
about
treatment.
"Lack
of
capacity
to
make
informed
48
decisions
about
treatment"
means
the
defendant's
inability,
by
reason
49

82
of
his
mental
condition,
to
achieve
a
rudimentary
understanding
of
the
1
purpose,
nature,
and
possible
significant
risks
and
benefits
of
treat
-
2
ment,
after
conscientious
efforts
at
explanation.
3
(6)
If
the
examination
cannot
be
conducted
by
reason
of
the
unwilling
-
4
ness
of
the
defendant
to
participate
therein,
the
report
shall
so
state
and
5
shall
include,
if
possible,
an
opinion
as
to
whether
such
unwillingness
of
6
the
defendant
was
the
result
of
mental
disease
or
defect.
7
(7)
The
report
of
the
examination
shall
be
filed
with
the
clerk
of
the
8
court,
who
shall
cause
copies
to
be
delivered
to
the
prosecuting
attorney
and
9
to
counsel
for
the
defendant.
10
(8)
When
the
defendant
wishes
to
be
examined
by
an
expert
of
his
own
1
1
choice,
such
examiner
shall
be
permitted
to
have
reasonable
access
to
the
de
-
12
fendant
for
the
purpose
of
examination.
13
(9)
In
the
event
a
defendant
is
suspected
of
being
developmentally
14
disabled,
the
examination
shall
proceed
with
those
experts
set
out
in
15
subsection
(7)
of
section
66
-
402
(6)
,
Idaho
Code.
16
(10)
In
addition
to
the
psychiatrist,
licensed
psychologist,
or
evalua
-
17
tion
committee,
the
court
may
appoint
additional
experts
to
examine
the
de
-
18
fendant.
19
(11)
If,
at
any
time
during
the
examination
process,
the
examiner
has
20
reason
to
believe
that
the
defendant's
alleged
incompetency
may
be
the
21
result
of
a
developmental
disability
and
the
matter
has
not
already
been
22
referred
to
an
evaluation
committee
for
review,
the
examiner
shall
immedi
-
23
ately
notify
the
court.
The
court
shall
then
appoint
an
evaluation
committee
24
or
shall
order
the
department
of
health
and
welfare
to
designate,
within
25
two
(2)
business
days,
an
evaluation
committee
consistent
with
section
26
66
-
402
(7)
(6)
,
Idaho
Code.
27
(12)
If
the
defendant
lacks
capacity
to
make
informed
decisions
about
28
treatment,
as
defined
in
section
66
-
317,
Idaho
Code,
the
court
may
authorize
29
consent
to
be
given
pursuant
to
section
66
-
322,
Idaho
Code.
If
the
defen
-
30
dant
lacks
capacity
to
make
informed
decisions
as
defined
in
subsection
(9)
31
of
section
66
-
402
(8)
,
Idaho
Code,
the
court
may
authorize
consent
to
be
given
32
pursuant
to
sections
66
-
404
and
66
-
405
chapter
5,
title
15
,
Idaho
Code.
33
(13)
If
the
defendant
was
confined
solely
for
the
purpose
of
examina
-
34
tion,
he
shall
be
released
from
the
facility
within
three
(3)
days,
excluding
35
Saturdays,
Sundays
and
legal
holidays,
following
notification
of
completion
36
of
the
examination.
37
SECTION
13.
That
Section
18
-
212,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
18
-
212.
DETERMINATION
OF
FITNESS
OF
DEFENDANT
TO
PROCEED
-
-
SUSPEN
-
40
SION
OF
PROCEEDING
AND
COMMITMENT
OF
DEFENDANT
-
-
POSTCOMMITMENT
HEAR
-
41
ING.
(1)
When
the
defendant's
fitness
to
proceed
is
drawn
in
question,
the
42
issue
shall
be
determined
by
the
court.
The
court
shall
also
determine,
43
based
on
the
examiner's
findings,
whether
the
defendant
lacks
capacity
to
44
make
informed
decisions
about
treatment.
If
neither
the
prosecuting
attor
-
45
ney
nor
counsel
for
the
defendant
contests
the
finding
of
the
report
filed
46
pursuant
to
section
18
-
211,
Idaho
Code,
the
court
may
make
the
determination
47
on
the
basis
of
such
report.
If
the
finding
is
contested,
the
court
shall
48
hold
a
hearing
on
the
issue.
If
the
report
is
received
in
evidence
upon
such
49

83
hearing,
the
party
who
contests
the
finding
thereof
shall
have
the
right
to
1
summon
and
to
cross
-
examine
the
psychiatrist
or
licensed
psychologist
who
2
submitted
the
report
and
to
offer
evidence
upon
the
issue.
3
(2)
If
the
court
determines
that
the
defendant
lacks
fitness
to
pro
-
4
ceed,
the
proceeding
against
him
shall
be
suspended,
except
as
provided
in
5
subsections
(5)
and
(6)
of
this
section,
and
the
court
shall
commit
him
to
6
the
custody
of
the
director
of
the
department
of
health
and
welfare,
for
a
7
period
not
exceeding
ninety
(90)
days,
for
care
and
treatment
at
an
appro
-
8
priate
facility
of
the
department
of
health
and
welfare
or,
if
the
defendant
9
is
found
to
be
dangerously
mentally
ill
as
defined
in
section
66
-
1305,
Idaho
10
Code,
to
the
department
of
correction
for
a
period
not
exceeding
ninety
(90)
1
1
days.
The
order
of
commitment
shall
include
the
finding
by
the
court
whether
12
the
defendant
lacks
capacity
to
make
informed
decisions
about
treatment.
13
For
purposes
of
this
section,
"facility"
shall
mean
a
state
hospital,
insti
-
14
tution,
mental
health
center,
or
those
facilities
enumerated
in
subsection
15
(8)
of
section
66
-
402
(7)
,
Idaho
Code,
equipped
to
evaluate
or
rehabilitate
16
such
defendants.
The
order
of
commitment
shall
require
the
county
sheriff
to
17
transport
the
defendant
to
and
from
the
facility
and
require
an
evaluation
18
of
the
defendant's
mental
condition
at
the
time
of
admission
to
the
facility
19
and
a
progress
report
on
the
defendant's
mental
condition.
The
progress
20
report
shall
include
an
opinion
whether
the
defendant
is
fit
to
proceed,
or
21
if
not,
whether
there
is
a
substantial
probability
the
defendant
will
be
fit
22
to
proceed
within
the
foreseeable
future.
If
the
report
concludes
that
there
23
is
a
substantial
probability
that
the
defendant
will
be
fit
to
proceed
in
24
the
foreseeable
future,
the
court
may
order
the
continued
commitment
of
the
25
defendant
for
an
additional
one
hundred
eighty
(180)
days.
If
at
any
time
the
26
director
of
the
facility
to
which
the
defendant
is
committed
determines
that
27
the
defendant
is
fit
to
proceed,
such
determination
shall
be
reported
to
the
28
court.
29
(3)
If
during
a
commitment
under
this
section
a
defendant
who
has
the
30
capacity
to
make
informed
decisions
about
treatment
refuses
any
and
all
31
treatment,
or
the
only
treatment
available
to
restore
competency
for
trial,
32
the
court
shall,
within
seven
(7)
days,
excluding
weekends
and
holidays,
33
of
receiving
notice
of
the
defendant's
refusal
from
the
facility,
conduct
34
a
hearing
on
whether
to
order
involuntary
treatment
or
order
such
other
35
terms
and
conditions
as
may
be
determined
appropriate.
The
burden
shall
be
36
on
the
state
to
demonstrate
grounds
for
involuntary
treatment
including,
37
but
not
limited
to:
the
prescribed
treatment
is
essential
to
restore
the
38
defendant's
competency,
the
medical
necessity
and
appropriateness
of
the
39
prescribed
treatment,
no
less
intrusive
treatment
alternative
exists
to
40
render
the
defendant
competent
for
trial,
and
other
relevant
information.
41
If
each
of
these
findings
is
made
by
the
court,
treatment
shall
be
ordered
42
consistent
with
the
findings.
43
(4)
Each
report
shall
be
filed
with
the
clerk
of
the
court,
who
shall
44
cause
copies
to
be
delivered
to
the
prosecuting
attorney
and
to
counsel
for
45
the
defendant.
Upon
receipt
of
a
report,
the
court
shall
determine,
after
a
46
hearing
if
a
hearing
is
requested,
the
disposition
of
the
defendant
and
the
47
proceedings
against
him.
If
the
court
determines
that
the
defendant
is
fit
48
to
proceed,
the
proceeding
shall
be
resumed.
If
at
the
end
of
the
initial
49
ninety
(90)
days
the
court
determines
that
the
defendant
is
unfit
and
there
50

84
is
not
a
substantial
probability
the
defendant
will
be
fit
to
proceed
within
1
the
foreseeable
future
or
if
the
defendant
is
not
fit
to
proceed
after
the
2
expiration
of
the
additional
one
hundred
eighty
(180)
days,
involuntary
com
-
3
mitment
proceedings
shall
be
instituted
pursuant
to
either
section
66
-
329
or
4
66
-
406,
Idaho
Code,
in
the
court
in
which
the
criminal
charge
is
pending.
5
(5)
In
its
review
of
commitments
pursuant
to
section
66
-
337,
Idaho
6
Code,
the
department
of
health
and
welfare
shall
determine
whether
the
de
-
7
fendant
is
fit
to
proceed
with
trial.
The
department
of
health
and
welfare
8
shall
review
its
commitments
pursuant
to
chapter
4,
title
66,
Idaho
Code,
9
and
may
recommend
that
the
defendant
is
fit
to
proceed
with
trial.
If
the
10
district
court
which
committed
the
defendant
pursuant
to
section
66
-
406,
1
1
Idaho
Code,
agrees
with
the
department's
recommendation
and
finds
the
condi
-
12
tions
which
justified
the
order
pursuant
to
section
66
-
406,
Idaho
Code,
do
13
not
continue
to
exist,
criminal
proceedings
may
resume.
If
the
defendant
is
14
fit
to
proceed,
the
court
in
which
the
criminal
charge
is
pending
shall
be
15
notified
and
the
criminal
proceedings
may
resume.
If,
however,
the
court
is
16
of
the
view
that
so
much
time
has
elapsed,
excluding
any
time
spent
free
from
17
custody
by
reason
of
the
escape
of
the
defendant,
since
the
commitment
of
18
the
defendant
that
it
would
be
unjust
to
resume
the
criminal
proceeding,
the
19
court
may
dismiss
the
charge.
20
(6)
If
a
defendant
escapes
from
custody
during
his
confinement,
the
di
-
21
rector
shall
immediately
notify
the
court
from
which
committed,
the
pros
-
22
ecuting
attorney
and
the
sheriff
of
the
county
from
which
committed.
The
23
court
shall
forthwith
issue
an
order
authorizing
any
health
officer,
peace
24
officer,
or
the
director
of
the
institution
from
which
the
defendant
escaped
25
to
take
the
defendant
into
custody
and
immediately
return
him
to
his
place
of
26
confinement.
27
SECTION
14.
That
Section
18
-
1508B,
Idaho
Code,
be,
and
the
same
is
28
hereby
amended
to
read
as
follows:
29
18
-
1508B.
AGGRAVATED
LEWD
CONDUCT
WITH
MINOR
CHILD
UNDER
SIXTEEN.
Any
30
person
eighteen
(18)
years
of
age
or
older
who
commits
any
lewd
or
lasciv
-
31
ious
act
or
acts
on
or
with
the
body
or
any
part
or
member
thereof
of
a
mi
-
32
nor
child
under
sixteen
(16)
years
of
age
but
thirteen
(13)
years
of
age
or
33
older,
including
but
not
limited
to
genital
-
genital
contact,
oral
-
genital
34
contact,
anal
-
genital
contact,
oral
-
anal
contact,
manual
-
anal
contact,
or
35
manual
-
genital
contact,
whether
between
persons
of
the
same
or
opposite
sex,
36
or
who
involves
such
minor
child
in
any
act
of
bestiality
or
sadomasochism
as
37
defined
in
section
18
-
1507,
Idaho
Code,
when
any
of
such
acts
are
done
with
38
the
intent
of
arousing,
appealing
to,
or
gratifying
the
lust
or
passions
or
39
sexual
desires
of
such
person,
such
minor
child,
or
a
third
party
shall
be
40
guilty
of
felony
aggravated
lewd
conduct
with
a
minor
child
under
sixteen
41
(16)
years
of
age
and
shall
be
sentenced
to
a
mandatory
minimum
fixed
term
of
42
imprisonment
of
twenty
-
five
(25)
years
with
a
possible
maximum
term
of
life
43
if
any
two
(2)
of
the
following
aggravating
factors
occurred
during
the
com
-
44
mission
of
or
to
accomplish
the
lewd
conduct:
45
(1)
The
victim
was
kidnapped
as
defined
in
section
18
-
4501,
Idaho
Code;
46
(2)
The
defendant
committed
the
crime
of
human
trafficking,
as
defined
47
in
section
18
-
8602,
Idaho
Code,
against
the
victim;
48

85
(3)
The
defendant
has
been
found
guilty
of
or
has
plead
guilty
to
any
1
offense
requiring
sex
offender
registration
as
set
forth
in
section
18
-
8304,
2
Idaho
Code;
3
(4)
The
defendant
was,
at
the
time
of
the
offense,
in
a
position
of
4
trust,
or
had
supervisory
or
disciplinary
power
over
the
victim
by
virtue
5
of
the
defendant's
legal,
professional,
or
occupational
status
and
used
the
6
position
of
trust
or
power
to
accomplish
the
lewd
conduct;
or
the
defendant
7
had,
at
the
time
of
the
offense,
parental
or
custodial
authority
over
the
8
victim
and
used
the
authority
to
accomplish
the
lewd
conduct;
9
(5)
The
defendant
tortured
the
victim
by
the
intentional
infliction
of
10
extreme
and
prolonged
pain
with
the
intent
to
cause
suffering
or
by
the
in
-
1
1
fliction
of
extreme
and
prolonged
acts
of
brutality
irrespective
of
proof
of
12
intent
to
cause
suffering;
13
(6)
The
defendant
used
force
or
coercion;
14
(7)
The
defendant
was
armed
with
a
weapon
or
any
article
used
or
fash
-
15
ioned
in
a
manner
to
lead
the
victim
reasonably
to
believe
it
to
be
a
weapon;
16
(8)
The
defendant
caused
great
bodily
injury,
as
defined
in
section
17
19
-
2520B,
Idaho
Code,
or
mutilation
to
the
victim;
18
(9)
The
defendant's
commission
of
the
offense
involved
more
than
one
19
(1)
victim;
20
(10)
The
defendant's
commission
of
the
offense
involved
more
than
one
21
(1)
perpetrator;
22
(11)
The
victim
contracted
a
sexually
transmitted
disease
as
a
result
of
23
the
lewd
conduct;
24
(12)
The
victim
was
impregnated
as
a
result
of
the
lewd
conduct;
25
(13)
The
defendant
willfully
and
unlawfully
choked
or
attempted
to
26
strangle
the
victim
during
the
commission
of
the
lewd
conduct;
or
27
(14)
The
defendant
knew
or
had
reason
to
know
that
the
victim
had
a
de
-
28
velopmental
disability
as
defined
in
section
66
-
402
(5)
(4)
,
Idaho
Code.
29
SECTION
15.
That
Section
18
-
1508C,
Idaho
Code,
be,
and
the
same
is
30
hereby
amended
to
read
as
follows:
31
18
-
1508C.
AGGRAVATED
LEWD
CONDUCT
WITH
MINOR
CHILD
TWELVE
OR
UN
-
32
DER.
Any
person
eighteen
(18)
years
of
age
or
older
who
commits
any
lewd
or
33
lascivious
act
or
acts
on
or
with
the
body
or
any
part
or
member
thereof
of
34
a
minor
child
twelve
(12)
years
of
age
or
under,
including
but
not
limited
35
to
genital
-
genital
contact,
oral
-
genital
contact,
anal
-
genital
contact,
36
oral
-
anal
contact,
manual
-
anal
contact,
or
manual
-
genital
contact,
whether
37
between
persons
of
the
same
or
opposite
sex,
or
who
involves
such
minor
child
38
in
any
act
of
bestiality
or
sadomasochism
as
defined
in
section
18
-
1507,
39
Idaho
Code,
when
any
of
such
acts
are
done
with
the
intent
of
arousing,
ap
-
40
pealing
to,
or
gratifying
the
lust
or
passions
or
sexual
desires
of
such
41
person,
such
minor
child,
or
a
third
party
shall
be
guilty
of
felony
aggra
-
42
vated
lewd
conduct
with
a
minor
child
twelve
(12)
years
of
age
or
under
if
any
43
two
(2)
of
the
following
aggravating
factors
occurred
during
the
commission
44
of
or
to
accomplish
the
lewd
conduct:
45
(1)
The
defendant
engaged
in
three
(3)
or
more
incidents
of
lewd
conduct
46
of
a
child
involving
the
same
victim
on
separate
occasions;
47
(2)
The
defendant
penetrated,
however
slight,
the
oral,
anal,
or
vagi
-
48
nal
opening
of
the
victim
with
a
penis;
49

86
(3)
The
victim
was
kidnapped
as
defined
in
section
18
-
4501,
Idaho
Code;
1
(4)
The
defendant
committed
the
crime
of
human
trafficking,
as
defined
2
in
section
18
-
8602,
Idaho
Code,
against
the
victim;
3
(5)
The
defendant
has
been
found
guilty
of
or
has
plead
guilty
to
any
4
offense
requiring
sex
offender
registration
as
set
forth
in
section
18
-
8304,
5
Idaho
Code;
6
(6)
The
defendant
was,
at
the
time
of
the
offense,
in
a
position
of
7
trust,
or
had
supervisory
or
disciplinary
power
over
the
victim
by
virtue
8
of
the
defendant's
legal,
professional,
or
occupational
status
and
used
the
9
position
of
trust
or
power
to
accomplish
the
lewd
conduct;
or
the
defendant
10
had,
at
the
time
of
the
offense,
parental
or
custodial
authority
over
the
1
1
victim
and
used
the
authority
to
accomplish
the
lewd
conduct;
12
(7)
The
defendant
tortured
the
victim
by
the
intentional
infliction
of
13
extreme
and
prolonged
pain
with
the
intent
to
cause
suffering
or
by
the
in
-
14
fliction
of
extreme
and
prolonged
acts
of
brutality
irrespective
of
proof
of
15
intent
to
cause
suffering;
16
(8)
The
defendant
used
force
or
coercion;
17
(9)
The
defendant
was
armed
with
a
weapon
or
any
article
used
or
fash
-
18
ioned
in
a
manner
to
lead
the
victim
reasonably
to
believe
it
to
be
a
weapon;
19
(10)
The
defendant
caused
great
bodily
injury,
as
defined
in
section
20
19
-
2520B,
Idaho
Code,
or
mutilation
to
the
victim;
21
(11)
The
defendant's
commission
of
the
offense
involved
more
than
one
22
(1)
victim;
23
(12)
The
defendant's
commission
of
the
offense
involved
more
than
one
24
(1)
perpetrator;
25
(13)
The
victim
contracted
a
sexually
transmitted
disease
as
a
result
of
26
the
lewd
conduct;
27
(14)
The
victim
was
impregnated
as
a
result
of
the
lewd
conduct;
28
(15)
The
defendant
willfully
and
unlawfully
choked
or
attempted
to
29
strangle
the
victim
during
the
commission
of
the
lewd
conduct;
30
(16)
The
defendant
provided
alcohol,
drugs,
or
other
intoxicating
sub
-
31
stance
to
the
victim;
or
32
(17)
The
defendant
knew
or
had
reason
to
know
that
the
victim
had
a
de
-
33
velopmental
disability
as
defined
in
section
66
-
402
(5)
(4)
,
Idaho
Code.
34
SECTION
16.
That
Section
18
-
3302,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
18
-
3302.
CONCEALED
WEAPONS.
(1)
The
legislature
hereby
finds
that
the
37
people
of
Idaho
have
reserved
for
themselves
the
right
to
keep
and
bear
arms
38
while
granting
the
legislature
the
authority
to
regulate
the
carrying
of
39
weapons
concealed.
The
provisions
of
this
chapter
regulating
the
carrying
40
of
weapons
must
be
strictly
construed
so
as
to
give
maximum
scope
to
the
41
rights
retained
by
the
people.
42
(2)
As
used
in
this
chapter:
43
(a)
"Concealed
weapon"
means
any
deadly
weapon
carried
on
or
about
the
44
person
in
a
manner
not
discernible
by
ordinary
observation;
45
(b)
"Deadly
weapon"
means:
46
(i)
Any
dirk,
dirk
knife,
bowie
knife,
dagger
or
firearm;
47

87
(ii)
Any
other
weapon,
device,
instrument,
material
or
substance
1
that
is
designed
and
manufactured
to
be
readily
capable
of
causing
2
death
or
serious
bodily
injury;
or
3
(iii)
Any
other
weapon,
device,
instrument,
material
or
substance
4
that
is
intended
by
the
person
to
be
readily
capable
of
causing
5
death
or
serious
bodily
injury.
6
(c)
The
term
"deadly
weapon"
does
not
include:
7
(i)
Any
knife,
cleaver
or
other
instrument
that
is
intended
by
the
8
person
to
be
used
in
the
processing,
preparation
or
eating
of
food;
9
(ii)
Any
knife
with
a
blade
six
(6)
inches
or
less;
or
10
(iii)
Any
taser,
stun
-
gun,
pepper
spray
or
mace;
1
1
(d)
"Firearm"
means
any
weapon
that
will,
is
designed
to,
or
may
readily
12
be
converted
to
expel
a
projectile
by
the
action
of
an
explosive;
13
(e)
"Loaded"
means:
14
(i)
For
a
firearm
capable
of
using
fixed
ammunition,
that
live
15
ammunition
is
present
in:
16
1.
The
chamber
or
chambers
of
the
firearm;
17
2.
Any
internal
magazine
of
the
firearm;
or
18
3.
A
detachable
magazine
inserted
in
the
firearm;
19
(ii)
For
a
firearm
that
is
not
capable
of
using
fixed
ammunition,
20
that
the
firearm
contains:
21
1.
A
propellant
charge;
and
22
2.
A
priming
cap
or
primer
cap.
23
(3)
No
person
shall
carry
concealed
weapons
on
or
about
his
person
with
-
24
out
a
license
to
carry
concealed
weapons,
except:
25
(a)
In
the
person's
place
of
abode
or
fixed
place
of
business;
26
(b)
On
property
in
which
the
person
has
any
ownership
or
leasehold
in
-
27
terest;
28
(c)
On
private
property
where
the
person
has
permission
to
carry
con
-
29
cealed
weapons
from
any
person
with
an
ownership
or
leasehold
interest;
30
(d)
Outside
the
limits
of
or
confines
of
any
city,
if
the
person
is
eigh
-
31
teen
(18)
years
of
age
or
older
and
is
not
otherwise
disqualified
from
32
being
issued
a
license
under
subsection
(11)
of
this
section.
33
(4)
Subsection
(3)
of
this
section
shall
not
apply
to
restrict
or
pro
-
34
hibit
the
carrying
or
possession
of:
35
(a)
Any
deadly
weapon
located
in
plain
view;
36
(b)
Any
lawfully
possessed
shotgun
or
rifle;
37
(c)
Any
deadly
weapon
concealed
in
a
motor
vehicle;
38
(d)
A
firearm
that
is
not
loaded
and
is
secured
in
a
case;
39
(e)
A
firearm
that
is
disassembled
or
permanently
altered
such
that
it
40
is
not
readily
operable;
and
41
(f)
Any
deadly
weapon
concealed
by
a
person
who:
42
(i)
Is
over
eighteen
(18)
years
of
age;
43
(ii)
Is
a
citizen
of
the
United
States
or
a
current
member
of
the
44
armed
forces
of
the
United
States;
and
45
(iii)
Is
not
disqualified
from
being
issued
a
license
under
para
-
46
graphs
(b)
through
(n)
of
subsection
(11)
of
this
section.
47
(5)
The
requirement
to
secure
a
license
to
carry
concealed
weapons
un
-
48
der
this
section
shall
not
apply
to
the
following
persons:
49
(a)
Officials
of
a
city,
county
or
the
state
of
Idaho;
50

88
(b)
Any
publicly
elected
Idaho
official;
1
(c)
Members
of
the
armed
forces
of
the
United
States
or
of
the
national
2
guard
when
in
performance
of
official
duties;
3
(d)
Criminal
investigators
of
the
attorney
general's
office
and
crim
-
4
inal
investigators
of
a
prosecuting
attorney's
office,
prosecutors
and
5
their
deputies;
6
(e)
Any
peace
officer
as
defined
in
section
19
-
5101(d),
Idaho
Code,
in
7
good
standing;
8
(f)
Retired
peace
officers
or
detention
deputies
with
at
least
ten
(10)
9
years
of
service
with
the
state
or
a
political
subdivision
as
a
peace
of
-
10
ficer
or
detention
deputy
and
who
have
been
certified
by
the
peace
offi
-
1
1
cer
standards
and
training
council;
12
(g)
Any
person
who
has
physical
possession
of
his
valid
license
or
per
-
13
mit
authorizing
him
to
carry
concealed
weapons
from
another
state;
and
14
(h)
Any
person
who
has
physical
possession
of
a
valid
license
or
permit
15
from
a
local
law
enforcement
agency
or
court
of
the
United
States
autho
-
16
rizing
him
to
carry
concealed
weapons.
17
(6)
The
sheriff
of
the
county
of
the
applicant's
residence
or,
if
the
18
applicant
has
obtained
a
protection
order
pursuant
to
chapter
63,
title
39,
19
Idaho
Code,
the
sheriff
of
a
county
where
the
applicant
is
temporarily
resid
-
20
ing
may
issue
a
temporary
emergency
license
for
good
cause
pending
review
of
21
an
application
made
under
subsection
(7)
of
this
section.
Temporary
emer
-
22
gency
licenses
must
be
easily
distinguishable
from
regular
licenses.
A
tem
-
23
porary
emergency
license
shall
be
valid
for
not
more
than
ninety
(90)
days.
24
(7)
The
sheriff
of
a
county,
on
behalf
of
the
state
of
Idaho,
must,
25
within
ninety
(90)
days
after
the
filing
of
a
license
application
by
any
per
-
26
son
who
is
not
disqualified
as
provided
herein
from
possessing
or
receiving
27
a
firearm
under
state
or
federal
law,
issue
a
license
to
the
person
to
carry
28
concealed
weapons
on
his
person
within
this
state.
Such
license
shall
be
29
valid
for
five
(5)
years
from
the
date
of
issuance.
30
(8)
The
sheriff
must
make
license
applications
readily
available
at
the
31
office
of
the
sheriff,
at
other
public
offices
in
his
or
her
jurisdiction
and
32
on
the
website
of
the
Idaho
state
police.
The
license
application
shall
be
33
in
a
form
to
be
prescribed
by
the
director
of
the
Idaho
state
police
and
must
34
meet
the
following
requirements:
35
(a)
The
license
application
shall
require
the
applicant's
name,
ad
-
36
dress,
description,
signature,
date
of
birth,
place
of
birth,
military
37
status,
citizenship
and
the
driver's
license
number
or
state
identi
-
38
fication
card
number
if
used
for
identification
in
applying
for
the
39
license.
Provided
however,
that
if
the
applicant
is
not
a
United
States
40
citizen
and
is
legally
in
the
United
States,
the
application
must
also
41
require
any
alien
or
admission
number
issued
to
the
applicant
by
United
42
States
immigration
and
customs
enforcement
or
any
successor
agency;
43
(b)
The
license
application
may
ask
the
applicant
to
disclose
his
44
social
security
number
but
must
indicate
that
disclosure
of
the
appli
-
45
cant's
social
security
number
is
optional;
and
46
(c)
The
license
application
must
contain
a
warning
that
substantially
47
reads
as
follows:
48

89
CAUTION:
Federal
law
and
state
law
on
the
possession
of
weapons
and
1
firearms
differ.
If
you
are
prohibited
by
federal
law
from
possess
-
2
ing
a
weapon
or
a
firearm,
you
may
be
prosecuted
in
federal
court.
A
3
state
permit
is
not
a
defense
to
a
federal
prosecution.
4
(9)
The
sheriff
may
require
the
applicant
to
demonstrate
familiarity
5
with
a
firearm
and
must
accept
any
one
(1)
of
the
following
as
evidence
of
the
6
applicant's
familiarity
with
a
firearm:
7
(a)
Completion
of
any
hunter
education
or
hunter
safety
course
approved
8
by
the
department
of
fish
and
game
or
a
similar
agency
of
another
state;
9
(b)
Completion
of
any
national
rifle
association
firearms
safety
or
10
training
course
or
any
national
rifle
association
hunter
education
1
1
course
or
any
equivalent
course;
12
(c)
Completion
of
any
firearms
safety
or
training
course
or
class
13
available
to
the
general
public
offered
by
a
law
enforcement
agency,
14
community
college,
college,
university,
or
private
or
public
institu
-
15
tion
or
organization
or
firearms
training
school
utilizing
instructors
16
certified
by
the
national
rifle
association
or
the
Idaho
state
police;
17
(d)
Completion
of
any
law
enforcement
firearms
safety
or
training
18
course
or
class
offered
for
security
guards,
investigators,
special
19
deputies,
or
offered
for
any
division
or
subdivision
of
a
law
enforce
-
20
ment
agency
or
security
enforcement
agency;
21
(e)
Evidence
of
equivalent
experience
with
a
firearm
through
partici
-
22
pation
in
organized
shooting
competition
or
military
service;
23
(f)
A
current
license
to
carry
concealed
weapons
pursuant
to
this
sec
-
24
tion,
unless
the
license
has
been
revoked
for
cause;
25
(g)
Completion
of
any
firearms
training
or
safety
course
or
class
con
-
26
ducted
by
a
state
-
certified
or
national
rifle
association
-
certified
27
firearms
instructor;
or
28
(h)
Other
training
that
the
sheriff
deems
appropriate.
29
(10)
Any
person
applying
for
original
issuance
of
a
license
to
carry
30
concealed
weapons
must
submit
his
fingerprints
with
the
completed
license
31
application.
Within
five
(5)
days
after
the
filing
of
an
application,
the
32
sheriff
must
forward
the
applicant's
completed
license
application
and
fin
-
33
gerprints
to
the
Idaho
state
police.
The
Idaho
state
police
must
conduct
a
34
national
fingerprint
-
based
records
check,
an
inquiry
through
the
national
35
instant
criminal
background
check
system
and
a
check
of
any
applicable
state
36
database,
including
a
check
for
any
mental
health
records
for
conditions
or
37
commitments
that
would
disqualify
a
person
from
possessing
a
firearm
under
38
state
or
federal
law,
and
return
the
results
to
the
sheriff
within
sixty
39
(60)
days.
If
the
applicant
is
not
a
United
States
citizen,
an
immigration
40
alien
query
must
also
be
conducted
through
United
States
immigration
and
41
customs
enforcement
or
any
successor
agency.
The
sheriff
shall
not
issue
42
a
license
before
receiving
the
results
of
the
records
check
and
must
deny
a
43
license
if
the
applicant
is
disqualified
under
any
of
the
criteria
listed
44
in
subsection
(11)
of
this
section.
The
sheriff
may
deny
a
license
to
carry
45
concealed
weapons
to
an
alien
if
background
information
is
not
attainable
or
46
verifiable.
47
(11)
A
license
to
carry
concealed
weapons
shall
not
be
issued
to
any
per
-
48
son
who:
49

90
(a)
Is
under
twenty
-
one
(21)
years
of
age,
except
as
otherwise
provided
1
in
this
section;
2
(b)
Is
formally
charged
with
a
crime
punishable
by
imprisonment
for
a
3
term
exceeding
one
(1)
year;
4
(c)
Has
been
adjudicated
guilty
in
any
court
of
a
crime
punishable
by
5
imprisonment
for
a
term
exceeding
one
(1)
year;
6
(d)
Is
a
fugitive
from
justice;
7
(e)
Is
an
unlawful
user
of
marijuana
or
any
depressant,
stimulant
or
8
narcotic
drug,
or
any
controlled
substance
as
defined
in
21
U.S.C.
802;
9
(f)
Is
currently
suffering
from
or
has
been
adjudicated
as
having
suf
-
10
fered
from
any
of
the
following
conditions,
based
on
substantial
evi
-
1
1
dence:
12
(i)
Lacking
mental
capacity
as
defined
in
section
18
-
210,
Idaho
13
Code;
14
(ii)
Mentally
ill
as
defined
in
section
66
-
317,
Idaho
Code;
15
(iii)
Gravely
disabled
as
defined
in
section
66
-
317,
Idaho
Code;
16
or
17
(iv)
An
incapacitated
person
as
defined
in
section
15
-
5
-
101
15
-
1
-
18
201
,
Idaho
Code;
19
(g)
Has
been
discharged
from
the
armed
forces
under
dishonorable
condi
-
20
tions;
21
(h)
Has
received
a
withheld
judgment
or
suspended
sentence
for
a
crime
22
punishable
by
imprisonment
for
a
term
exceeding
one
(1)
year,
unless
the
23
person
has
successfully
completed
probation;
24
(i)
Has
received
a
period
of
probation
after
having
been
adjudicated
25
guilty
of,
or
received
a
withheld
judgment
for,
a
misdemeanor
offense
26
that
has
as
an
element
the
intentional
use,
attempted
use
or
threatened
27
use
of
physical
force
against
the
person
or
property
of
another,
unless
28
the
person
has
successfully
completed
probation;
29
(j)
Is
an
alien
illegally
in
the
United
States;
30
(k)
Is
a
person
who
having
been
a
citizen
of
the
United
States
has
re
-
31
nounced
his
or
her
citizenship;
32
(l)
Is
free
on
bond
or
personal
recognizance
pending
trial,
appeal
or
33
sentencing
for
a
crime
that
would
disqualify
him
from
obtaining
a
con
-
34
cealed
weapons
license;
35
(m)
Is
subject
to
a
protection
order
issued
under
chapter
63,
title
36
39,
Idaho
Code,
that
restrains
the
person
from
harassing,
stalking
or
37
threatening
an
intimate
partner
of
the
person,
or
child
of
the
intimate
38
partner
or
person,
or
engaging
in
other
conduct
that
would
place
an
39
intimate
partner
in
reasonable
fear
of
bodily
injury
to
the
partner
or
40
child;
or
41
(n)
Is
for
any
other
reason
ineligible
to
own,
possess
or
receive
a
42
firearm
under
the
provisions
of
Idaho
or
federal
law.
43
(12)
In
making
a
determination
in
relation
to
an
applicant's
eligibil
-
44
ity
under
subsection
(11)
of
this
section,
the
sheriff
shall
not
consider:
45
(a)
A
conviction,
guilty
plea
or
adjudication
that
has
been
nullified
46
by
expungement,
pardon,
setting
aside
or
other
comparable
procedure
by
47
the
jurisdiction
where
the
conviction,
guilty
plea
or
adjudication
oc
-
48
curred
or
in
respect
of
which
conviction,
guilty
plea
or
adjudication
49
the
applicant's
civil
right
to
bear
arms
either
specifically
or
in
com
-
50

91
bination
with
other
civil
rights
has
been
restored
under
operation
of
1
law
or
legal
process;
or
2
(b)
Except
as
provided
for
in
subsection
(11)(f)
of
this
section,
an
3
adjudication
of
mental
defect,
incapacity
or
illness
or
an
involuntary
4
commitment
to
a
mental
institution
if
the
applicant's
civil
right
to
5
bear
arms
has
been
restored
under
operation
of
law
or
legal
process.
6
(13)
A
license
to
carry
concealed
weapons
must
be
in
a
form
substan
-
7
tially
similar
to
that
of
the
Idaho
driver's
license
and
must
meet
the
8
following
specifications:
9
(a)
The
license
must
provide
the
licensee's
name,
address,
date
of
10
birth
and
the
driver's
license
number
or
state
identification
card
num
-
1
1
ber
if
used
for
identification
in
applying
for
the
license;
12
(b)
The
license
must
bear
the
licensee's
signature
and
picture;
and
13
(c)
The
license
must
provide
the
date
of
issuance
and
the
date
on
which
14
the
license
expires.
15
(14)
Upon
issuing
a
license
under
the
provisions
of
this
section,
the
16
sheriff
must
notify
the
Idaho
state
police
within
three
(3)
business
days
on
17
a
form
or
in
a
manner
prescribed
by
the
Idaho
state
police.
Information
re
-
18
lating
to
an
applicant
or
licensee
received
or
maintained
pursuant
to
this
19
section
by
the
sheriff
or
Idaho
state
police
is
confidential
and
exempt
from
20
disclosure
under
section
74
-
105,
Idaho
Code.
21
(15)
The
fee
for
original
issuance
of
a
license
shall
be
twenty
dollars
22
($20.00),
which
the
sheriff
must
retain
for
the
purpose
of
performing
the
du
-
23
ties
required
in
this
section.
The
sheriff
may
collect
the
actual
cost
of
any
24
additional
fees
necessary
to
cover
the
cost
of
processing
fingerprints
law
-
25
fully
required
by
any
state
or
federal
agency
or
department,
and
the
actual
26
cost
of
materials
for
the
license
lawfully
required
by
any
state
agency
or
27
department,
which
costs
must
be
paid
to
the
state.
The
sheriff
must
provide
28
the
applicant
with
a
copy
of
the
results
of
the
fingerprint
-
based
records
29
check
upon
request
of
the
applicant.
30
(16)
The
fee
for
renewal
of
the
license
shall
be
fifteen
dollars
31
($15.00),
which
the
sheriff
must
retain
for
the
purpose
of
performing
the
du
-
32
ties
required
in
this
section.
The
sheriff
may
collect
the
actual
cost
of
any
33
additional
fees
necessary
to
cover
the
processing
costs
lawfully
required
by
34
any
state
or
federal
agency
or
department,
and
the
actual
cost
of
materials
35
for
the
license
lawfully
required
by
any
state
agency
or
department,
which
36
costs
must
be
paid
to
the
state.
37
(17)
Every
license
that
is
not,
as
provided
by
law,
suspended,
revoked
38
or
disqualified
in
this
state
shall
be
renewable
at
any
time
during
the
39
ninety
(90)
day
period
before
its
expiration
or
within
ninety
(90)
days
after
40
the
expiration
date.
The
sheriff
must
mail
renewal
notices
ninety
(90)
days
41
prior
to
the
expiration
date
of
the
license.
The
sheriff
shall
require
the
42
licensee
applying
for
renewal
to
complete
an
application.
The
sheriff
must
43
submit
the
application
to
the
Idaho
state
police
for
a
records
check
of
state
44
and
national
databases.
The
Idaho
state
police
must
conduct
the
records
45
check
and
return
the
results
to
the
sheriff
within
thirty
(30)
days.
The
46
sheriff
shall
not
issue
a
renewal
before
receiving
the
results
of
the
records
47
check
and
must
deny
a
license
if
the
applicant
is
disqualified
under
any
of
48
the
criteria
provided
in
this
section.
A
renewal
license
shall
be
valid
for
49
a
period
of
five
(5)
years.
A
license
so
renewed
shall
take
effect
on
the
ex
-
50

92
piration
date
of
the
prior
license.
A
licensee
renewing
ninety
-
one
(91)
days
1
to
one
hundred
eighty
(180)
days
after
the
expiration
date
of
the
license
2
must
pay
a
late
renewal
penalty
of
ten
dollars
($10.00)
in
addition
to
the
3
renewal
fee
unless
waived
by
the
sheriff,
except
that
any
licensee
serving
4
on
active
duty
in
the
armed
forces
of
the
United
States
during
the
renewal
5
period
shall
not
be
required
to
pay
a
late
renewal
penalty
upon
renewing
6
ninety
-
one
(91)
days
to
one
hundred
eighty
(180)
days
after
the
expiration
7
date
of
the
license.
After
one
hundred
eighty
-
one
(181)
days,
the
licensee
8
must
submit
an
initial
application
for
a
license
and
pay
the
fees
prescribed
9
in
subsection
(15)
of
this
section.
The
renewal
fee
and
any
penalty
shall
10
be
paid
to
the
sheriff
for
the
purpose
of
enforcing
the
provisions
of
this
1
1
chapter.
Upon
renewing
a
license
under
the
provisions
of
this
section,
the
12
sheriff
must
notify
the
Idaho
state
police
within
five
(5)
days
on
a
form
or
13
in
a
manner
prescribed
by
the
Idaho
state
police.
14
(18)
No
city,
county
or
other
political
subdivision
of
this
state
shall
15
modify
or
add
to
the
requirements
of
this
section,
nor
shall
a
city,
county
16
or
political
subdivision
ask
the
applicant
to
voluntarily
submit
any
infor
-
17
mation
not
required
in
this
section.
A
civil
action
may
be
brought
to
enjoin
18
a
wrongful
refusal
to
issue
a
license
or
a
wrongful
modification
of
the
re
-
19
quirements
of
this
section.
The
civil
action
may
be
brought
in
the
county
in
20
which
the
application
was
made
or
in
Ada
county
at
the
discretion
of
the
peti
-
21
tioner.
Any
person
who
prevails
against
a
public
agency
in
any
action
in
the
22
courts
for
a
violation
of
this
section
must
be
awarded
costs,
including
rea
-
23
sonable
attorney's
fees
incurred
in
connection
with
the
legal
action.
24
(19)
A
county
sheriff,
deputy
sheriff
or
county
employee
who
issues
a
25
license
to
carry
a
concealed
weapon
under
this
section
shall
not
incur
any
26
civil
or
criminal
liability
as
the
result
of
the
performance
of
his
duties
in
27
compliance
with
this
section.
28
(20)
The
sheriff
of
a
county
shall
issue
a
license
to
carry
a
con
-
29
cealed
weapon
to
those
individuals
between
the
ages
of
eighteen
(18)
and
30
twenty
-
one
(21)
years
who,
except
for
the
age
requirement
contained
in
sec
-
31
tion
18
-
3302K(4),
Idaho
Code,
would
otherwise
meet
the
requirements
for
32
issuance
of
a
license
under
section
18
-
3302K,
Idaho
Code.
Licenses
issued
33
to
individuals
between
the
ages
of
eighteen
(18)
and
twenty
-
one
(21)
years
34
under
this
subsection
shall
be
easily
distinguishable
from
licenses
issued
35
pursuant
to
subsection
(7)
of
this
section.
A
license
issued
pursuant
to
36
this
subsection
after
July
1,
2016,
shall
expire
on
the
twenty
-
first
birth
-
37
day
of
the
licensee.
A
licensee,
upon
attaining
the
age
of
twenty
-
one
(21)
38
years,
shall
be
allowed
to
renew
the
license
under
the
procedure
contained
in
39
section
18
-
3302K(9),
Idaho
Code.
Such
renewal
license
shall
be
issued
as
an
40
enhanced
license
pursuant
to
the
provisions
of
section
18
-
3302K,
Idaho
Code.
41
(21)
A
person
carrying
a
concealed
weapon
in
violation
of
the
provisions
42
of
this
section
shall
be
guilty
of
a
misdemeanor.
43
(22)
The
sheriff
of
the
county
where
the
license
was
issued
or
the
sher
-
44
iff
of
the
county
where
the
person
resides
shall
have
the
power
to
revoke
a
45
license
subsequent
to
a
hearing
in
accordance
with
the
provisions
of
chapter
46
52,
title
67,
Idaho
Code,
for
any
of
the
following
reasons:
47
(a)
Fraud
or
intentional
misrepresentation
in
the
obtaining
of
a
li
-
48
cense;
49

93
(b)
Misuse
of
a
license,
including
lending
or
giving
a
license
to
an
-
1
other
person,
duplicating
a
license
or
using
a
license
with
the
intent
2
to
unlawfully
cause
harm
to
a
person
or
property;
3
(c)
The
doing
of
an
act
or
existence
of
a
condition
that
would
have
been
4
grounds
for
the
denial
of
the
license
by
the
sheriff;
5
(d)
The
violation
of
any
of
the
terms
of
this
section;
or
6
(e)
The
applicant
is
adjudicated
guilty
of
or
receives
a
withheld
judg
-
7
ment
for
a
crime
that
would
have
disqualified
him
from
initially
receiv
-
8
ing
a
license.
9
(23)
A
person
twenty
-
one
(21)
years
of
age
or
older
who
presents
a
valid
10
license
to
carry
concealed
weapons
is
exempt
from
any
requirement
to
undergo
1
1
a
records
check
at
the
time
of
purchase
or
transfer
of
a
firearm
from
a
feder
-
12
ally
licensed
firearms
dealer.
Provided
however,
a
temporary
emergency
li
-
13
cense
issued
pursuant
to
subsection
(6)
of
this
section
shall
not
exempt
the
14
holder
of
the
license
from
any
records
check
requirement.
15
(24)
The
attorney
general
must
contact
the
appropriate
officials
in
16
other
states
for
the
purpose
of
establishing,
to
the
extent
possible,
recog
-
17
nition
and
reciprocity
of
the
license
to
carry
concealed
weapons
by
other
18
states,
whether
by
formal
agreement
or
otherwise.
The
Idaho
state
police
19
must
keep
a
copy
and
maintain
a
record
of
all
such
agreements
and
reciprocity
20
recognitions,
which
must
be
made
available
to
the
public.
21
(25)
Nothing
in
subsection
(3)
or
(4)
of
this
section
shall
be
construed
22
to
limit
the
existing
rights
of
a
private
property
owner,
private
tenant,
23
private
employer,
or
private
business
entity.
The
provisions
of
this
sub
-
24
section
shall
not
apply
to
any
property
owned
by
the
state
of
Idaho
or
its
25
political
subdivisions
that
is
normally
and
habitually
open
to
the
public.
26
Such
limitation
on
the
application
of
this
subsection
shall
supersede
Hern
-
27
don
v.
City
of
Sandpoint
,
531
P.3d
1125
(Idaho
2023).
28
(a)
Such
limitation
on
the
application
of
this
subsection
shall
apply
29
whether
such
property
is
leased,
rented,
licensed,
loaned,
permitted,
30
or
occupied,
whether
for
consideration
or
not.
31
(b)
Any
restriction
on
the
carrying
of
concealed
weapons
pursuant
to
32
this
subsection
may
only
be
invoked
for
public
property
owned
by
the
33
state
or
its
political
subdivisions
when
the
use
of
such
property
is
for
34
a
private
event
by
invitation
only,
for
a
commercial
event
that
charges
35
admission,
or
for
any
other
event
with
restricted
access
whether
admis
-
36
sion
is
charged
or
not.
For
any
such
private
event,
commercial
event,
37
or
other
event,
it
must
appear
to
a
reasonable
person
that
the
general
38
public
does
not
have
unrestricted
access
to
the
designated
public
prop
-
39
erty,
or
any
subset
of
such
property,
that
is
normally
and
habitually
40
open
to
the
public.
41
(c)
Nothing
in
this
subsection
relieves
any
political
subdivision
of
42
the
state
of
Idaho
of
its
duties
to
convey
or
manage
public
property
in
43
accordance
with
Idaho
law.
44
(d)
Nothing
in
this
subsection
alters
or
amends
the
provisions
of
sec
-
45
tion
18
-
3302C
or
18
-
3309,
Idaho
Code.
46
(26)
The
provisions
of
this
section
are
hereby
declared
to
be
severable
47
and
if
any
provision
of
this
section
or
the
application
of
such
provision
to
48
any
person
or
circumstance
is
declared
invalid
for
any
reason,
such
declara
-
49
tion
shall
not
affect
the
validity
of
remaining
portions
of
this
section.
50

94
SECTION
17.
That
Section
19
-
2515,
Idaho
Code,
be,
and
the
same
is
hereby
1
amended
to
read
as
follows:
2
19
-
2515.
SENTENCE
IN
CAPITAL
CASES
-
-
SPECIAL
SENTENCING
PROCEEDING
3
-
-
STATUTORY
AGGRAVATING
CIRCUMSTANCES
-
-
SPECIAL
VERDICT
OR
WRITTEN
FIND
-
4
INGS.
(1)
Except
as
provided
in
section
19
-
2515A,
Idaho
Code,
a
person
con
-
5
victed
of
murder
in
the
first
degree
or
aggravated
lewd
conduct
with
a
minor
6
child
twelve
(12)
years
of
age
or
under
shall
be
liable
for
the
imposition
of
7
the
penalty
of
death
if
such
person
killed,
intended
a
killing,
or
acted
with
8
reckless
indifference
to
human
life,
irrespective
of
whether
such
person
di
-
9
rectly
committed
the
acts
that
caused
death
or
the
aggravated
lewd
conduct.
10
(2)
Where
a
person
is
sentenced
to
serve
a
term
in
the
penitentiary,
1
1
after
conviction
of
a
crime
which
falls
within
the
provisions
of
section
12
20
-
1005,
Idaho
Code,
except
in
cases
where
the
court
retains
jurisdiction,
13
the
comments
and
arguments
of
the
counsel
for
the
state
and
the
defendant
14
relative
to
the
sentencing
and
the
comments
of
the
judge
relative
to
the
15
sentencing
shall
be
recorded.
If
the
comments
are
recorded
electronically,
16
they
need
not
be
transcribed.
Otherwise,
they
shall
be
transcribed
by
the
17
court
reporter.
18
(3)
Where
a
person
is
convicted
of
an
offense
which
may
be
punishable
by
19
death,
a
sentence
of
death
shall
not
be
imposed
unless:
20
(a)
A
notice
of
intent
to
seek
the
death
penalty
was
filed
and
served
as
21
provided
in
section
18
-
4004A,
Idaho
Code;
and
22
(b)
The
jury,
or
the
court
if
a
jury
is
waived,
finds
beyond
a
reasonable
23
doubt
at
least
one
(1)
statutory
aggravating
circumstance
for
murder
24
and
at
least
three
(3)
statutory
aggravating
circumstances,
as
listed
25
in
subsection
(10)
of
this
section,
for
aggravated
lewd
conduct
with
a
26
minor
child
twelve
(12)
years
of
age
or
under.
Where
a
statutory
ag
-
27
gravating
circumstance
is
found,
the
defendant
shall
be
sentenced
to
28
death
unless
mitigating
circumstances
which
may
be
presented
are
found
29
to
be
sufficiently
compelling
that
the
death
penalty
would
be
unjust.
30
The
jury
shall
not
direct
imposition
of
a
sentence
of
death
unless
it
31
unanimously
finds
at
least
one
(1)
statutory
aggravating
circumstance
32
and
unanimously
determines
that
the
penalty
of
death
should
be
imposed.
33
(4)
Notwithstanding
any
court
rule
to
the
contrary,
when
a
defendant
is
34
adjudicated
guilty
of
murder
in
the
first
degree
or
aggravated
lewd
conduct
35
with
a
minor
child
twelve
(12)
years
of
age
or
under,
whether
by
acceptance
of
36
a
plea
of
guilty,
by
verdict
of
a
jury,
or
by
decision
of
the
trial
court
sit
-
37
ting
without
a
jury,
no
presentence
investigation
shall
be
conducted;
pro
-
38
vided
however,
that
if
a
special
sentencing
proceeding
is
not
held
or
if
a
39
special
sentencing
proceeding
is
held
but
no
statutory
aggravating
circum
-
40
stance
has
been
proven
beyond
a
reasonable
doubt,
the
court
may
order
that
a
41
presentence
investigation
be
conducted.
42
(5)(a)
If
a
person
is
adjudicated
guilty
of
murder
in
the
first
degree
43
or
aggravated
lewd
conduct
with
a
minor
child
twelve
(12)
years
of
age
or
44
under,
whether
by
acceptance
of
a
plea
of
guilty,
by
verdict
of
a
jury,
45
or
by
decision
of
the
trial
court
sitting
without
a
jury,
and
a
notice
46
of
intent
to
seek
the
death
penalty
was
filed
and
served
as
provided
in
47
section
18
-
4004A,
Idaho
Code,
a
special
sentencing
proceeding
shall
be
48
held
promptly
for
the
purpose
of
hearing
all
relevant
evidence
and
ar
-
49

95
guments
of
counsel
in
aggravation
and
mitigation
of
the
offense.
Infor
-
1
mation
concerning
the
victim
and
the
impact
that
the
death
or
aggravated
2
lewd
conduct
of
the
victim
has
had
on
the
victim's
family
is
relevant
and
3
admissible.
Such
information
shall
be
designed
to
demonstrate
the
vic
-
4
tim's
uniqueness
as
an
individual
human
being
and
the
resultant
loss
to
5
the
community
or
impact
caused
by
the
victim's
death
or
lewd
conduct
of
6
the
victim.
Characterizations
and
opinions
about
the
crime,
the
defen
-
7
dant
and
the
appropriate
sentence
shall
not
be
permitted
as
part
of
any
8
victim
impact
information.
The
special
sentencing
proceeding
shall
be
9
conducted
before
a
jury
unless
a
jury
is
waived
by
the
defendant
with
the
10
consent
of
the
prosecuting
attorney.
1
1
(b)
If
the
defendant's
guilt
was
determined
by
a
jury
verdict,
the
same
12
jury
shall
hear
the
special
sentencing
proceeding;
provided
however,
13
that
if
it
is
impracticable
to
reconvene
the
same
jury
to
hear
the
spe
-
14
cial
sentencing
proceeding
due
to
an
insufficient
number
of
jurors,
the
15
trial
court
may
dismiss
that
jury
and
convene
a
new
jury
of
twelve
(12)
16
persons,
plus
alternate
jurors
as
the
trial
court
deems
necessary
pur
-
17
suant
to
section
19
-
1904,
Idaho
Code.
18
(c)
If
the
defendant's
guilt
was
determined
by
a
plea
of
guilty
or
by
a
19
decision
of
the
trial
court
sitting
without
a
jury,
or
if
a
retrial
of
20
the
special
sentencing
proceeding
is
necessary
for
any
reason
includ
-
21
ing,
but
not
limited
to,
a
mistrial
in
a
previous
special
sentencing
22
proceeding
or
as
a
consequence
of
a
remand
from
an
appellate
court,
the
23
trial
court
shall
impanel
a
jury
of
twelve
(12)
persons,
plus
alternate
24
jurors
as
the
trial
court
deems
necessary
pursuant
to
section
19
-
1904,
25
Idaho
Code,
unless
such
jury
is
waived.
26
(d)
If
a
special
sentencing
proceeding
is
conducted
before
a
newly
im
-
27
paneled
jury
pursuant
to
the
provisions
of
subsection
(5)(b)
or
(5)(c)
28
of
this
section,
the
state
and
the
defense
may
present
evidence
to
in
-
29
form
the
jury
of
the
nature
and
circumstances
of
the
murder
or
aggra
-
30
vated
lewd
conduct
for
which
the
defendant
was
convicted.
The
newly
im
-
31
paneled
jury
shall
be
instructed
that
the
defendant
has
previously
been
32
found
guilty
of
first
-
degree
murder
or
aggravated
lewd
conduct
with
a
33
minor
child
twelve
(12)
years
of
age
or
under
and
that
the
jury's
purpose
34
is
limited
to
making
findings
relevant
for
sentencing.
35
(6)
At
the
special
sentencing
proceeding,
the
state
and
the
defendant
36
shall
be
entitled
to
present
all
relevant
evidence
in
aggravation
and
miti
-
37
gation.
Disclosure
of
evidence
to
be
relied
on
in
the
sentencing
proceeding
38
shall
be
made
in
accordance
with
Idaho
criminal
rule
16.
Evidence
admitted
39
at
trial
shall
be
considered
and
need
not
be
repeated
at
the
sentencing
hear
-
40
ing.
41
(7)
The
jury
shall
be
informed
as
follows:
42
(a)
If
the
jury
finds
that
a
statutory
aggravating
circumstance
exists
43
and
no
mitigating
circumstances
exist
which
would
make
the
imposition
44
of
the
death
penalty
unjust,
the
defendant
will
be
sentenced
to
death
by
45
the
court.
46
(b)
If
the
jury
finds
the
existence
of
a
statutory
aggravating
circum
-
47
stance
but
finds
that
the
existence
of
mitigating
circumstances
makes
48
the
imposition
of
the
death
penalty
unjust
or
the
jury
cannot
unani
-
49
mously
agree
on
whether
the
existence
of
mitigating
circumstances
makes
50

96
the
imposition
of
the
death
penalty
unjust,
the
defendant
will
be
sen
-
1
tenced
to
a
term
of
life
imprisonment
without
the
possibility
of
parole;
2
and
3
(c)
If
the
jury
does
not
find
the
existence
of
a
statutory
aggravating
4
circumstance
or
if
the
jury
cannot
unanimously
agree
on
the
existence
of
5
a
statutory
aggravating
circumstance,
the
defendant
will
be
sentenced
6
by
the
court
to
a
term
of
life
imprisonment
with
a
fixed
term
of
not
less
7
than
ten
(10)
years
for
first
-
degree
murder
or
thirty
(30)
years
for
ag
-
8
gravated
lewd
conduct
with
a
minor
child
twelve
(12)
years
of
age
or
un
-
9
der.
10
(8)
Upon
the
conclusion
of
the
evidence
and
arguments
in
mitigation
and
1
1
aggravation:
12
(a)
With
regard
to
each
statutory
aggravating
circumstance
alleged
by
13
the
state,
the
jury
shall
return
a
special
verdict
stating:
14
(i)
Whether
the
statutory
aggravating
circumstance
has
been
15
proven
beyond
a
reasonable
doubt;
and
16
(ii)
If
the
statutory
aggravating
circumstance
has
been
proven
17
beyond
a
reasonable
doubt,
whether
all
mitigating
circumstances,
18
when
weighed
against
the
aggravating
circumstance,
are
suffi
-
19
ciently
compelling
that
the
death
penalty
would
be
unjust.
20
(b)
If
a
jury
has
been
waived,
the
court
shall:
21
(i)
Make
written
findings
setting
forth
any
statutory
aggravat
-
22
ing
circumstance
found
beyond
a
reasonable
doubt;
23
(ii)
Set
forth
in
writing
any
mitigating
circumstances
consid
-
24
ered;
and
25
(iii)
Upon
weighing
all
mitigating
circumstances
against
each
26
statutory
aggravating
circumstance
separately,
determine
whether
27
mitigating
circumstances
are
found
to
be
sufficiently
compelling
28
that
the
death
penalty
would
be
unjust
and
detail
in
writing
its
29
reasons
for
so
finding.
30
(9)
The
following
are
statutory
aggravating
circumstances,
at
least
31
one
(1)
of
which
must
be
found
to
exist
beyond
a
reasonable
doubt
before
a
32
sentence
of
death
can
be
imposed
for
murder
in
the
first
degree:
33
(a)
The
defendant
was
previously
convicted
of
another
murder.
34
(b)
At
the
time
the
murder
was
committed
the
defendant
also
committed
35
another
murder.
36
(c)
The
defendant
knowingly
created
a
great
risk
of
death
to
many
per
-
37
sons.
38
(d)
The
murder
was
committed
for
remuneration
or
the
promise
of
remu
-
39
neration
or
the
defendant
employed
another
to
commit
the
murder
for
re
-
40
muneration
or
the
promise
of
remuneration.
41
(e)
The
murder
was
especially
heinous,
atrocious
or
cruel,
manifesting
42
exceptional
depravity.
43
(f)
By
the
murder,
or
circumstances
surrounding
its
commission,
the
de
-
44
fendant
exhibited
utter
disregard
for
human
life.
45
(g)
The
murder
was
committed
in
the
perpetration
of,
or
attempt
to
per
-
46
petrate,
arson,
rape,
robbery,
burglary,
kidnapping
or
mayhem
and
the
47
defendant
killed,
intended
a
killing,
or
acted
with
reckless
indiffer
-
48
ence
to
human
life.
49

97
(h)
The
murder
was
committed
in
the
perpetration
of,
or
attempt
to
1
perpetrate,
lewd
and
lascivious
conduct
with
a
minor,
sexual
abuse
of
2
a
child
under
sixteen
(16)
years
of
age,
ritualized
abuse
of
a
child,
3
sexual
exploitation
of
a
child,
sexual
battery
of
a
minor
child
sixteen
4
(16)
or
seventeen
(17)
years
of
age,
or
forcible
sexual
penetration
by
5
use
of
a
foreign
object,
and
the
defendant
killed,
intended
a
killing,
6
or
acted
with
reckless
indifference
to
human
life.
7
(i)
The
defendant,
by
his
conduct,
whether
such
conduct
was
before,
8
during
or
after
the
commission
of
the
murder
at
hand,
has
exhibited
a
9
propensity
to
commit
murder
which
will
probably
constitute
a
continuing
10
threat
to
society.
1
1
(j)
The
murder
was
committed
against
a
former
or
present
peace
officer,
12
executive
officer,
officer
of
the
court,
judicial
officer
or
prosecut
-
13
ing
attorney
because
of
the
exercise
of
official
duty
or
because
of
the
14
victim's
former
or
present
official
status.
15
(k)
The
murder
was
committed
against
a
witness
or
potential
witness
in
a
16
criminal
or
civil
legal
proceeding
because
of
such
proceeding.
17
(10)
The
following
are
statutory
aggravating
circumstances,
at
least
18
three
(3)
of
which
must
be
found
to
have
existed
during
the
commission
of
or
19
to
accomplish
the
lewd
conduct
beyond
a
reasonable
doubt
before
a
sentence
20
of
death
can
be
imposed
for
aggravated
lewd
conduct
with
a
minor
child
twelve
21
(12)
years
of
age
or
under,
as
provided
in
section
18
-
1508C,
Idaho
Code:
22
(a)
The
defendant
engaged
in
three
(3)
or
more
incidents
of
lewd
conduct
23
of
a
child
involving
the
same
victim
on
separate
occasions;
24
(b)
The
defendant
penetrated,
however
slight,
the
oral,
anal,
or
vagi
-
25
nal
opening
of
the
victim
with
a
penis;
26
(c)
The
victim
was
kidnapped
as
defined
in
section
18
-
4501,
Idaho
Code;
27
(d)
The
defendant
committed
the
crime
of
human
trafficking,
as
defined
28
in
section
18
-
8602,
Idaho
Code,
against
the
victim;
29
(e)
The
defendant
has
been
found
guilty
of
or
has
plead
guilty
to
any
30
offense
requiring
sex
offender
registration
as
set
forth
in
section
31
18
-
8304,
Idaho
Code;
32
(f)
The
defendant
was,
at
the
time
of
the
offense,
in
a
position
of
33
trust,
or
had
supervisory
or
disciplinary
power
over
the
victim
by
34
virtue
of
the
defendant's
legal,
professional,
or
occupational
status
35
and
used
the
position
of
trust
or
power
to
accomplish
the
lewd
conduct;
36
or
the
defendant
had,
at
the
time
of
the
offense,
parental
or
custodial
37
authority
over
the
victim
and
used
the
authority
to
accomplish
the
lewd
38
conduct;
39
(g)
The
defendant
tortured
the
victim
by
the
intentional
infliction
of
40
extreme
and
prolonged
pain
with
the
intent
to
cause
suffering
or
by
the
41
infliction
of
extreme
and
prolonged
acts
of
brutality
irrespective
of
42
proof
of
intent
to
cause
suffering;
43
(h)
The
defendant
used
force
or
coercion;
44
(i)
The
defendant
was
armed
with
a
weapon
or
any
article
used
or
fash
-
45
ioned
in
a
manner
to
lead
the
victim
reasonably
to
believe
it
to
be
a
46
weapon;
47
(j)
The
defendant
caused
great
bodily
injury,
as
defined
in
section
48
19
-
2520B,
Idaho
Code,
or
mutilation
to
the
victim;
49

98
(k)
The
defendant's
commission
of
the
offense
involved
more
than
one
1
(1)
victim;
2
(l)
The
defendant's
commission
of
the
offense
involved
more
than
one
3
(1)
perpetrator;
4
(m)
The
victim
contracted
a
sexually
transmitted
disease
as
a
result
of
5
the
lewd
conduct;
6
(n)
The
victim
was
impregnated
as
a
result
of
the
lewd
conduct;
7
(o)
The
defendant
willfully
and
unlawfully
choked
or
attempted
to
8
strangle
the
victim
during
the
commission
of
the
lewd
conduct;
9
(p)
The
defendant
provided
alcohol,
drugs,
or
other
intoxicating
sub
-
10
stances
to
the
victim;
or
1
1
(q)
The
defendant
knew
or
had
reason
to
know
that
the
victim
had
a
devel
-
12
opmental
disability
as
defined
in
section
66
-
402
(5)
(4)
,
Idaho
Code.
13
SECTION
18.
That
Section
19
-
2914A,
Idaho
Code,
be,
and
the
same
is
14
hereby
amended
to
read
as
follows:
15
19
-
2914A.
BAIL
ENFORCEMENT
AGENTS.
(1)
As
used
in
this
section,
"bail
16
enforcement
agent"
or
"agent"
means
a
person
who:
17
(a)
Is
empowered
to
arrest
or
surrender
a
defendant
at
any
time
before
18
the
exoneration
of
bail;
and
19
(b)
Meets
the
requirements
of
this
section.
20
(2)
Requirements.
An
agent
must:
21
(a)
Be
eighteen
(18)
years
of
age
or
older;
22
(b)
Be
a
citizen
or
legal
resident
of
the
United
States;
23
(c)
Not
have
been
adjudicated
as
having
suffered
from
any
of
the
follow
-
24
ing
conditions,
based
on
substantial
evidence:
25
(i)
Lacking
mental
capacity
as
defined
in
section
18
-
210,
Idaho
26
Code;
27
(ii)
Mentally
ill
as
defined
in
section
66
-
317,
Idaho
Code;
28
(iii)
Gravely
disabled
as
defined
in
section
66
-
317,
Idaho
Code;
29
or
30
(iv)
An
incapacitated
person
as
defined
in
section
15
-
5
-
101
15
-
1
-
31
201
,
Idaho
Code;
and
32
(d)
Not
be
a
fugitive
from
justice.
33
(3)
Required
items
and
information.
During
an
arrest
pursuant
to
sec
-
34
tion
19
-
2914,
Idaho
Code,
a
bail
enforcement
agent
must
possess:
35
(a)
An
affidavit
extending
the
authority
to
arrest
the
defendant;
36
(b)
The
name,
last
known
address,
and
photograph
of
the
defendant;
37
(c)
The
name
and
principal
address
of
the
surety
insurance
company,
its
38
bail
agent,
or
the
person
posting
a
property
bond
or
cash
deposit
that
is
39
empowering
the
bail
enforcement
agent
to
arrest
the
defendant;
and
40
(d)
A
valid
driver's
license
or
other
photographic
identifying
docu
-
41
ment
or
information.
42
(4)
Identification.
A
badge
shall
be
worn
by
bail
enforcement
agents
43
that
is
designed
exclusively
for
bail
enforcement
agents.
The
badge
must
44
clearly
delineate
the
title
of
"bail
enforcement
agent"
directly
on
and
be
-
45
low
the
badge.
46
(5)
Notification
to
the
sheriff.
Prior
to
making
a
planned
apprehen
-
47
sion,
an
agent
must
first
provide
notice
to
the
county
sheriff
of
the
county
48
within
which
the
planned
apprehension
is
to
occur.
49

99
(6)
Prohibitions.
Upon
appointment,
until
either
revocation
of
ap
-
1
pointment
or
the
exoneration
of
bail,
an
agent
may
not:
2
(a)
Represent
himself
as
a
peace
officer
or
an
employee
of
any
depart
-
3
ment
of
a
federal,
state,
or
local
law
enforcement
agency;
4
(b)
Wear
any
uniform
that
would
represent
the
agent
as
a
peace
officer
5
or
an
employee
of
any
department
of
a
federal,
state,
or
local
govern
-
6
ment;
7
(c)
Use
a
fictitious
name
that
would
represent
the
agent
as
a
peace
of
-
8
ficer
or
an
employee
of
a
department
of
a
federal,
state,
or
local
gov
-
9
ernment;
or
10
(d)
Carry
a
weapon,
unless
in
compliance
with
all
state
and
federal
1
1
laws.
12
(7)
Penalty.
Any
person
who
violates
the
provisions
of
subsection
(2),
13
(3),
(4),
or
(5)
of
this
section
for
the
first
offense
shall
be
liable
for
a
14
misdemeanor
penalty
of
a
fine
not
to
exceed
one
thousand
dollars
($1,000).
15
For
any
second
or
subsequent
offense,
the
person
shall
be
subject
to
a
misde
-
16
meanor
penalty
not
to
exceed
six
(6)
months
in
jail
and
a
fine
not
to
exceed
17
one
thousand
dollars
($1,000).
Any
person
who
fails
to
obtain
authority
from
18
a
surety
insurance
company
or
its
bail
agent,
or
the
person
posting
a
prop
-
19
erty
bond
or
cash
deposit
in
accordance
with
section
19
-
2914,
Idaho
Code,
or
20
a
similar
law
of
another
state,
or
who
attempts
to
arrest
or
surrender
a
de
-
21
fendant
without
meeting
the
requirements
of
subsection
(2)
of
this
section,
22
or
who
violates
the
provisions
of
subsection
(6)
of
this
section,
is
guilty
23
of
a
misdemeanor.
24
(8)
Requirements
for
prosecution.
Venue
for
prosecution
for
a
viola
-
25
tion
under
the
provisions
of
this
section
shall
be
in
the
county
where
the
26
violation
occurred,
and
such
prosecution
will
be
handled
by
the
prosecuting
27
attorney
of
such
county.
A
prosecution
for
a
violation
of
this
section
must
28
be
commenced
within
the
time
limitations
set
forth
in
section
19
-
403,
Idaho
29
Code.
30
(9)
A
bail
agent
who
appoints
a
bail
enforcement
agent
is
required
to
31
keep
a
copy
of
the
bail
enforcement
agent's
appointment
and
may
rely
thereon
32
that
the
bail
enforcement
agent
has
met
the
requirements
of
this
section.
33
SECTION
19.
That
Section
19
-
4204,
Idaho
Code,
be,
and
the
same
is
hereby
34
amended
to
read
as
follows:
35
19
-
4204.
APPLICATION
FOR
WRIT
OF
HABEAS
CORPUS
BY
A
PERSON
NOT
A
PRIS
-
36
ONER.
(1)
Application
for
a
writ
of
habeas
corpus
by
a
person
not
a
prisoner
37
shall
be
made
by
filing
a
petition
for
writ
of
habeas
corpus
in
the
district
38
court
of
the
county
in
which
the
person
is
restrained.
39
(2)
The
petition
must
be
verified
by
the
oath
or
affirmation
of
the
40
party
applying
for
the
writ
and
shall
specify:
41
(a)
That
the
person
is
unlawfully
restrained
of
his
liberty;
42
(b)
The
identity
and
address
of
the
person
restraining
the
subject
of
43
the
petition;
44
(c)
The
name
and
address
of
the
place
in
which
the
person
is
restrained;
45
(d)
A
description
of
the
facts
which
make
the
restraint
illegal;
and
46
(e)
The
theory
of
law
upon
which
relief
is
sought,
if
known.
47

100
(3)
Application
under
this
section
may
be
made
by
a
guardian
on
behalf
1
of
a
minor
or
by
a
guardian
on
behalf
of
an
incapacitated
person
as
defined
in
2
section
15
-
5
-
101
15
-
1
-
201
,
Idaho
Code.
3
SECTION
20.
That
Section
19
-
4207,
Idaho
Code,
be,
and
the
same
is
hereby
4
amended
to
read
as
follows:
5
19
-
4207.
APPLICATION
FOR
WRIT
OF
HABEAS
CORPUS
ON
BEHALF
OF
ANOTHER.
A
6
petition
for
writ
of
habeas
corpus
may
only
be
filed
by
a
person
described
in
7
section
19
-
4203,
Idaho
Code,
or
his
attorney,
except
that
a
petition
may
be
8
filed
on
behalf
of
an
aggrieved
person
who
is
a
minor,
or
on
behalf
of
a
person
9
who
is
incapacitated
as
defined
by
section
15
-
5
-
101
15
-
1
-
201
,
Idaho
Code,
by
10
the
aggrieved
person's
legal
guardian.
1
1
SECTION
21.
That
Section
19
-
5703,
Idaho
Code,
be,
and
the
same
is
hereby
12
amended
to
read
as
follows:
13
19
-
5703.
ADDRESS
CONFIDENTIALITY
PROGRAM
-
-
APPLICATION
-
-
CERTIFI
-
14
CATION.
(1)
An
adult
person,
a
parent
or
a
guardian
acting
on
behalf
of
a
mi
-
15
nor,
or
a
guardian
appointed
pursuant
to
section
15
-
5
-
304
15
-
5
-
309
,
Idaho
16
Code,
acting
on
behalf
of
an
incapacitated
person,
may
apply
to
the
secretary
17
of
state
to
have
an
address
designated
by
the
secretary
of
state
serve
as
the
18
person's
address
or
the
address
of
the
minor
or
incapacitated
person.
The
19
secretary
of
state
shall
approve
an
application
if
it
is
filed
in
the
manner
20
and
on
the
form
prescribed
by
the
secretary
of
state
and
if
it
contains:
21
(a)
A
sworn
statement
by
the
applicant
that
the
applicant
has
good
rea
-
22
son
to
believe:
23
(i)
That
the
applicant,
or
the
minor
or
incapacitated
person
on
24
whose
behalf
the
application
is
made,
is
a
victim
of
domestic
vio
-
25
lence,
stalking,
rape
or
malicious
harassment,
or
any
other
crime
26
listed
in
section
19
-
5701,
Idaho
Code;
and
27
(ii)
That
the
applicant
fears
for
his
or
her
safety
or
his
or
her
28
children's
safety,
or
the
safety
of
the
minor
or
incapacitated
29
person
on
whose
behalf
the
application
is
made;
30
(b)
A
designation
of
the
secretary
of
state
as
agent
for
purposes
of
31
service
of
process
and
for
the
purpose
of
receipt
of
mail;
32
(c)
The
mailing
address
where
the
applicant
can
be
contacted
by
the
sec
-
33
retary
of
state,
and
the
telephone
number
or
numbers
where
the
applicant
34
can
be
called
by
the
secretary
of
state;
and
35
(d)
The
address
or
addresses
that
the
applicant
requests
not
be
dis
-
36
closed.
37
(2)
If
the
applicant
alleges
that
the
basis
for
the
application
is
that
38
the
applicant,
or
the
minor
or
incapacitated
person
on
whose
behalf
the
ap
-
39
plication
is
made,
is
a
victim
of
domestic
violence,
sexual
assault
or
human
40
trafficking,
the
application
must
be
accompanied
by
evidence
including,
but
41
not
limited
to,
any
of
the
following:
42
(a)
Police,
court,
or
other
government
agency
records
or
files;
43
(b)
Documentation
from
a
domestic
violence
or
sexual
assault
program
or
44
facility
if
the
person
is
alleged
to
be
a
victim
of
domestic
violence,
45
sexual
assault
or
human
trafficking;
46

101
(c)
Documentation
from
a
legal,
clerical,
medical
or
other
profes
-
1
sional
from
whom
the
applicant
or
person
on
whose
behalf
the
application
2
is
made
has
sought
assistance
in
dealing
with
the
alleged
domestic
vio
-
3
lence,
sexual
assault
or
human
trafficking;
and
4
(d)
A
certified
copy
of
a
no
contact
order
or
a
temporary
or
permanent
5
civil
protection
order.
6
(3)
If
the
applicant
alleges
that
the
basis
for
the
application
is
that
7
the
applicant,
or
the
minor
or
incapacitated
person
on
whose
behalf
the
ap
-
8
plication
is
made,
is
a
victim
of
stalking
or
malicious
harassment,
the
ap
-
9
plication
must
be
accompanied
by
evidence
including,
but
not
limited
to,
any
10
of
the
following:
1
1
(a)
Police,
court
or
other
government
agency
records
or
files;
12
(b)
Documentation
from
a
legal,
clerical,
medical
or
other
profes
-
13
sional
from
whom
the
applicant
or
person
on
whose
behalf
the
application
14
is
made
has
sought
assistance
in
dealing
with
the
alleged
stalking
or
15
malicious
harassment;
and
16
(c)
A
certified
copy
of
a
no
contact
order
or
a
temporary
or
permanent
17
civil
protection
order.
18
(4)
Applications
shall
be
filed
with
the
office
of
the
secretary
of
19
state.
20
(5)
Upon
filing
a
properly
completed
application,
the
secretary
of
21
state
shall
certify
the
applicant
as
a
program
participant.
Applicants
22
shall
be
certified
for
four
(4)
years
following
the
date
of
filing
unless
the
23
certification
is
withdrawn
or
invalidated
before
that
date.
The
application
24
may
be
renewed
at
the
end
of
four
(4)
years.
25
(6)
A
person
who
falsely
attests
in
an
application
that
disclosure
of
26
the
applicant's
address
would
endanger
the
applicant's
safety
or
the
safety
27
of
the
applicant's
children,
or
the
minor
or
incapacitated
person
on
whose
28
behalf
the
application
is
made,
or
who
knowingly
provides
false
or
incorrect
29
information
upon
making
an
application,
shall
be
punishable
under
section
30
18
-
5414,
Idaho
Code,
or
other
applicable
statutes.
31
SECTION
22.
That
Section
19
-
6009,
Idaho
Code,
be,
and
the
same
is
hereby
32
amended
to
read
as
follows:
33
19
-
6009.
RIGHT
TO
COUNSEL
OF
INDIGENT
PERSON
-
-
REPRESENTATION
AT
ALL
34
STAGES
OF
CRIMINAL
AND
COMMITMENT
PROCEEDINGS
-
-
PAYMENT.
(1)
An
indigent
35
person
who
is
being
detained
by
a
law
enforcement
officer,
who
is
confined
36
or
is
the
subject
of
hospitalization
proceedings
pursuant
to
section
18
-
212,
37
66
-
322,
66
-
326,
66
-
329,
66
-
404
or
66
-
406,
Idaho
Code,
or
who
is
under
formal
38
charge
of
having
committed,
or
is
being
detained
under
a
conviction
of,
a
se
-
39
rious
crime
is
entitled:
40
(a)
To
be
represented
by
an
attorney
to
the
same
extent
as
a
person
hav
-
41
ing
his
own
counsel
is
so
entitled;
and
42
(b)
To
be
provided
with
the
necessary
services
and
facilities
of
repre
-
43
sentation,
including
investigation
and
other
preparation.
The
attor
-
44
ney,
services
and
facilities,
and
the
court
costs
shall
be
provided
at
45
public
expense
to
the
extent
that
the
person
is,
at
the
time
the
court
46
determines
indigency
pursuant
to
section
19
-
6011,
Idaho
Code,
unable
to
47
provide
for
their
payment.
48

102
(2)
An
indigent
person
who
is
entitled
to
be
represented
by
an
attorney
1
under
subsection
(1)
of
this
section
is
entitled:
2
(a)
To
be
counseled
and
defended
at
all
stages
of
the
matter
beginning
3
with
the
earliest
time
when
a
person
providing
his
own
counsel
would
be
4
entitled
to
be
represented
by
an
attorney
and
including
revocation
of
5
probation;
6
(b)
To
be
represented
in
any
appeal;
and
7
(c)
To
be
represented
in
any
other
post
-
conviction
or
post
-
commitment
8
proceeding
that
the
attorney
or
the
indigent
person
considers
appro
-
9
priate,
unless
the
court
in
which
the
proceeding
is
brought
determines
10
that
it
is
not
a
proceeding
that
a
reasonable
person
with
adequate
means
1
1
would
be
willing
to
bring
at
his
own
expense
and
is
therefore
a
frivolous
12
proceeding.
13
(3)
Upon
a
finding
of
indigency,
representation
by
an
attorney
under
14
subsection
(1)
of
this
section
shall
include
the
following
cases,
excluding
15
those
cases
where
the
state
appellate
public
defender
has
jurisdiction
pur
-
16
suant
to
section
19
-
5905,
Idaho
Code,
and
excluding
those
cases
of
guardian
17
ad
litem
representation
pursuant
to
section
16
-
1614(4),
Idaho
Code:
18
(a)
Felony
and
misdemeanor
cases;
19
(b)
Actions
arising
under
the
Idaho
juvenile
corrections
act,
chapter
20
5,
title
20,
Idaho
Code;
21
(c)
Proceedings
under
the
uniform
post
-
conviction
procedure
act,
chap
-
22
ter
49,
title
19,
Idaho
Code;
23
(d)
Civil
contempt
proceedings
where
incarceration
is
sought;
24
(e)
Actions
arising
under
the
child
protective
act,
chapter
16,
title
25
16,
Idaho
Code,
but
excluding
actions
brought
exclusively
under
chapter
26
20,
title
16,
Idaho
Code;
and
27
(f)
Appeals
from
adjudicatory
decrees
or
orders
under
section
16
-
1625,
28
Idaho
Code.
29
(4)
The
office
of
the
state
public
defender
shall
be
required
to
provide
30
indigent
defense
services
only
in
cases
listed
in
subsection
(3)
of
this
sec
-
31
tion,
provided
that
such
limitations
shall
not
obligate
a
county
to
finance
32
or
oversee
indigent
defense
service
for
any
action
not
provided
for
in
this
33
chapter.
34
(5)
An
indigent
person's
right
to
a
benefit
under
subsection
(1)
or
(2)
35
of
this
section
is
unaffected
by
his
having
provided
a
similar
benefit
at
his
36
own
expense,
or
by
his
having
waived
it,
at
an
earlier
stage.
37
SECTION
23.
That
Section
19
-
6010,
Idaho
Code,
be,
and
the
same
is
hereby
38
amended
to
read
as
follows:
39
19
-
6010.
DUTY
TO
NOTIFY
ACCUSED
OR
DETAINED
OF
RIGHT
TO
COUNSEL.
(1)
40
If
a
person
who
is
being
detained
by
a
law
enforcement
officer,
or
who
is
con
-
41
fined
or
who
is
the
subject
of
hospitalization
proceedings
pursuant
to
sec
-
42
tion
66
-
322,
66
-
326,
66
-
329,
66
-
404
or
66
-
406,
Idaho
Code,
or
who
is
under
43
formal
charge
of
having
committed,
or
is
being
detained
under
a
conviction
44
of,
a
serious
crime,
is
not
represented
by
an
attorney
under
conditions
in
45
which
a
person
having
his
own
counsel
would
be
entitled
to
be
so
represented,
46
the
law
enforcement
officers
concerned,
upon
commencement
of
detention,
or
47
the
court,
upon
formal
charge
or
hearing,
as
the
case
may
be,
shall:
48

103
(a)
Clearly
inform
him
of
his
right
to
counsel
and
of
the
right
of
an
1
indigent
person
to
be
represented
by
an
attorney
at
public
expense;
and
2
(b)
If
the
person
detained
or
charged
does
not
have
an
attorney,
notify
3
the
indigent
defense
provider
or
trial
court
concerned,
as
the
case
may
4
be,
that
he
is
not
so
represented.
As
used
in
this
subsection,
the
term
5
"commencement
of
detention"
includes
the
taking
into
custody
of
a
pro
-
6
bationer.
7
(2)
Upon
commencement
of
any
later
judicial
proceeding
relating
to
the
8
same
matter
including,
but
not
limited
to,
preliminary
hearing,
arraign
-
9
ment,
trial,
any
post
-
conviction
proceeding
or
post
-
commitment
proceeding,
10
the
presiding
officer
shall
clearly
inform
the
person
so
detained
or
charged
1
1
of
his
right
to
counsel
and
of
the
right
of
an
indigent
person
to
be
repre
-
12
sented
by
an
attorney
at
public
expense.
Provided,
the
appointment
of
an
13
attorney
at
public
expense
in
uniform
post
-
conviction
procedure
act
pro
-
14
ceedings
shall
be
in
accordance
with
section
19
-
4904,
Idaho
Code.
15
(3)
If
a
court
determines
that
the
person
is
entitled
to
be
represented
16
by
an
attorney
at
public
expense,
it
shall
promptly
notify
the
state
public
17
defender.
18
(4)
Upon
notification
by
the
court,
the
state
public
defender
shall
19
represent
the
person
with
respect
to
whom
the
notification
is
made.
20
SECTION
24.
That
Section
31
-
3201G,
Idaho
Code,
be,
and
the
same
is
21
hereby
amended
to
read
as
follows:
22
31
-
3201G.
GUARDIANSHIP
AND
CONSERVATORSHIP
PROJECT
FUND.
(1)
In
ad
-
23
dition
to
any
other
filing
and
reporting
fees
applicable
to
guardianships
24
and
conservatorships,
the
court
shall
charge
the
following
fees:
25
(a)
Fifty
dollars
($50.00)
for
filing
cases
involving
guardianships
or
26
conservatorships;
27
(b)
Forty
-
one
dollars
($41.00)
for
reports
required
to
be
filed
with
28
the
court
by
conservators;
and
29
(c)
Twenty
-
five
dollars
($25.00)
for
reports
required
to
be
filed
with
30
the
court
by
guardians.
31
(2)
The
additional
fees
set
forth
in
paragraphs
(a),
(b)
and
(c)
of
sub
-
32
section
(1)
of
this
section
shall
be
paid
to
the
county
treasurer,
who
shall
33
pay
such
fees
to
the
state
treasurer
for
deposit
in
the
guardianship
and
con
-
34
servatorship
project
fund,
which
is
hereby
created
in
the
state
treasury.
35
The
fund
shall
be
administered
by
the
Idaho
supreme
court
and
shall
consist
36
of
fees
as
provided
in
this
section
,
any
moneys
recovered
pursuant
to
section
37
15
-
5
-
314(2),
Idaho
Code,
and
any
funds
as
may
be
appropriated
by
the
legisla
-
38
ture,
grants,
donations
and
moneys
from
other
sources.
39
(3)
Moneys
in
the
fund
shall
be
expended
exclusively
for
the
develop
-
40
ment
of
a
project
which
shall
be
designed
to
improve
reporting
and
monitoring
41
systems
and
processes
for
the
protection
of
persons
and
their
assets
where
a
42
guardian
or
conservator
has
been
appointed.
Elements
of
the
project
may
in
-
43
clude,
but
are
not
limited
to,
the
following:
44
(a)
The
adoption
of
standards
of
practice
for
guardians;
45
(b)
A
requirement
that
guardians
be
registered;
46
(c)
Consideration
of
an
office
of
the
public
guardian
in
counties
in
47
which
the
project
operates;
48

104
(d)
A
review
of
the
strengths
of
Idaho
law
regarding
the
treatment
and
1
care
of
developmentally
disabled
persons;
and
2
(e)
If
federal
or
grant
funding
is
available,
funding
for
adult
protec
-
3
tion
services
to
seek
guardians
in
cases
for
which
volunteers
cannot
be
4
enlisted.
5
(4)
The
supreme
court
shall
report
annually
to
the
senate
judiciary
and
6
rules
committee
and
the
house
judiciary,
rules
and
administration
committee
7
regarding
the
progress
of
the
project.
8
SECTION
25.
That
Section
32
-
1806,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
32
-
1806.
STATUTORY
CONSTRUCTION.
(1)
Nothing
in
this
chapter
shall
be
1
1
construed
to
affect
any
delegation
of
powers
made
pursuant
to
section
15
-
5
-
12
104
15
-
5
-
124
,
Idaho
Code.
13
(2)
Nothing
in
this
chapter
shall
be
construed
as
invalidating
the
pro
-
14
visions
of
the
child
protective
act
in
chapter
16,
title
16,
Idaho
Code,
or
15
shall
modify
the
burden
of
proof
at
any
stage
of
proceedings
under
the
child
16
protective
act.
Nothing
in
this
chapter
shall
be
construed
to
modify
any
ex
-
17
isting,
compelling
governmental
interest.
18
SECTION
26.
That
Section
39
-
4504,
Idaho
Code,
be,
and
the
same
is
hereby
19
amended
to
read
as
follows:
20
39
-
4504.
PERSONS
WHO
MAY
GIVE
CONSENT
TO
CARE
FOR
OTHERS.
(1)
Consent
21
for
the
furnishing
of
health
care
services
to
any
person
who
is
not
then
ca
-
22
pable
of
giving
such
consent
as
provided
in
this
chapter
or
who
is
a
minor
may
23
be
given
or
refused
in
the
order
of
priority
set
forth
hereafter;
provided
24
however,
that
the
surrogate
decision
-
maker
shall
have
sufficient
comprehen
-
25
sion
as
required
to
consent
to
his
or
her
own
health
care
services
pursuant
to
26
the
provisions
of
section
39
-
4503,
Idaho
Code;
and
provided
further
that
the
27
surrogate
decision
-
maker
shall
not
have
authority
to
consent
to
or
refuse
28
health
care
services
contrary
to
such
person's
advance
care
planning
docu
-
29
ment
or
wishes
expressed
by
such
person
while
the
person
was
capable
of
con
-
30
senting
to
his
or
her
own
health
care
services:
31
(a)
The
court
-
appointed
guardian
of
such
person;
32
(b)
The
person
named
in
another
person's
advance
care
planning
document
33
as
the
health
care
agent
of
such
person
pursuant
to
section
39
-
4510,
34
Idaho
Code,
or
a
similar
document
authorized
by
this
chapter
if
the
35
conditions
in
such
advance
care
planning
document
for
authorizing
the
36
agent
to
act
have
been
satisfied;
37
(c)
If
married,
the
spouse
of
such
person;
38
(d)
An
adult
child
of
such
person;
39
(e)
A
parent
of
such
person;
40
(f)
The
person
named
in
a
delegation
of
parental
authority
executed
41
pursuant
to
section
15
-
5
-
104
15
-
5
-
128
,
Idaho
Code;
42
(g)
Any
relative
of
such
person;
43
(h)
Any
other
competent
individual
representing
himself
or
herself
to
44
be
responsible
for
the
health
care
of
such
person;
or
45
(i)
If
the
person
presents
a
medical
emergency
or
there
is
a
substantial
46
likelihood
of
his
or
her
life
or
health
being
seriously
endangered
by
47

105
withholding
or
delay
in
the
rendering
of
health
care
services
to
such
1
person
and
the
person
has
not
communicated
and
is
unable
to
communicate
2
his
or
her
wishes,
the
attending
health
care
provider
may,
in
his
or
3
her
discretion,
authorize
or
provide
such
health
care
services,
as
he
4
or
she
deems
appropriate,
and
all
persons,
agencies,
and
institutions
5
thereafter
furnishing
the
same,
including
such
health
care
provider,
6
may
proceed
as
if
informed
valid
consent
therefor
had
been
otherwise
7
duly
given.
8
(2)
No
person
who,
in
good
faith,
gives
consent
or
authorization
for
the
9
provision
of
health
care
services
to
another
person
as
provided
by
this
chap
-
10
ter
shall
be
subject
to
civil
liability
therefor.
1
1
(3)
No
health
care
provider
who,
in
good
faith,
obtains
consent
from
a
12
person
pursuant
to
either
section
39
-
4503
or
39
-
4504(1),
Idaho
Code,
shall
13
be
subject
to
civil
liability
therefor.
14
SECTION
27.
That
Section
56
-
214,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
56
-
214.
AWARD
OF
PUBLIC
ASSISTANCE
-
-
INELIGIBILITY
UPON
TRANSFER
OF
17
PROPERTY.
(1)
Upon
the
completion
of
the
investigation,
the
state
department
18
shall
determine
whether
the
applicant
is
eligible
for
public
assistance
un
-
19
der
the
provisions
of
this
act,
the
type
and
amount
of
public
assistance
he
20
shall
receive,
and
the
date
upon
which
such
public
assistance
shall
begin.
21
Public
assistance
shall
be
paid
in
the
manner
prescribed
by
the
state
depart
-
22
ment.
23
(2)
Assistance
to
families
with
children
shall
not
be
granted
under
24
this
act
to
any
person
who
within
six
(6)
months
prior
to
applying
for
or
25
at
any
time
during
which
such
assistance
is
received,
has
either
made
an
26
assignment
or
transfer
of
property
for
the
purpose
of
rendering
himself
27
eligible
for
assistance
under
this
act,
or
who
has
divested
himself
of
any
28
interest
in
property
without
adequate
consideration
which
interest
or
pro
-
29
ceeds
therefrom
could
reasonably
be
expected
to
contribute
to
the
support
30
and
maintenance
of
such
person
and
his
family,
except
that
any
person
who
is
31
ineligible
for
public
assistance
due
solely
to
such
assignment
or
transfer
32
shall
become
eligible
provided:
33
(a)
There
is
a
showing
that
such
person
has
caused
such
property
to
be
34
assigned
or
transferred
back
to
him;
or
35
(b)
There
is
a
showing
that
the
person
to
whom
such
property
is
as
-
36
signed
or
transferred
has,
subsequent
to
such
assignment
or
transfer,
37
met
subsistence
and
medical
care
costs
exclusive
of
any
obligation
for
38
support,
of
such
person
or
family,
according
to
the
department's
as
-
39
sistance
standard,
equal
to,
or
in
excess
of,
the
market
value
of
the
40
property
so
assigned
or
transferred;
or
41
(c)
There
is
a
showing
that
the
subsistence
and
medical
care
costs
of
42
such
person,
according
to
the
department's
assistance
standard,
subse
-
43
quent
to
such
assignment
or
transfer,
equal
or
exceed
the
market
value
44
of
the
property
so
assigned
or
transferred.
45
(3)
Eligibility
for
old
age
assistance
under
section
56
-
207,
Idaho
46
Code,
or
aid
to
the
blind
under
section
56
-
208,
Idaho
Code,
shall
be
de
-
47
termined
by
continuing
to
consider
as
available
any
resource
that
was
48
transferred
prior
to
July
1,
1988,
until
such
resource
is
fully
accounted
for
49

106
under
the
provisions
of
section
1613(c)
of
the
social
security
act
as
such
1
section
read
on
June
30,
1988.
2
(4)
Eligibility
for
medical
assistance
under
section
56
-
209b,
Idaho
3
Code,
shall
continue
to
apply
the
rules
of
the
director
of
the
department
4
of
health
and
welfare
concerning
transfer
of
property
as
such
rules
read
on
5
October
29,
1988,
to
transfers
that
occur
prior
to
July
1,
1989,
to
persons
6
other
than
to
the
spouse
of
the
person
receiving
or
applying
for
medical
as
-
7
sistance,
and
to
interspousal
transfers
that
occur
prior
to
October
1,
1989.
8
(5)
The
provisions
of
section
1917(c)
of
the
social
security
act
as
9
amended
by
public
law
100
-
360
and
further
amended
by
public
law
100
-
485
and
10
as
hereafter
amended
shall
apply
as
of
July
1,
1989,
to
transfers
of
assets
1
1
other
than
to
the
spouse,
and
as
of
October
1,
1989,
to
transfers
between
12
spouses,
except
that
such
provisions
shall
not
apply
either
to
transfers
13
that
occurred
before
July
1,
1988,
or
to
transfers
that
have
been
fully
14
accounted
for
under
subsection
(4)
of
this
section.
Notwithstanding
the
15
foregoing,
any
transfer
of
assets
not
otherwise
specifically
permitted
by
16
federal
law
or
rule
of
the
department
not
for
fair
market
value
is
presumed
17
to
be
for
the
purpose
of
sheltering
assets
to
qualify
for
medical
assis
-
18
tance.
Such
assets
transferred
shall
be
counted
as
available
in
determining
19
eligibility,
and
will
subject
the
applicant
to
penalties
prescribed
by
the
20
director,
unless
the
applicant
for
assistance
can
demonstrate
by
clear
and
21
convincing
evidence
that
the
transfer
was
intended
for
another
purpose.
22
(6)
Any
funds,
securities,
accounts,
contracts
and
all
other
property
23
held
in
or
transferred
to
a
special
needs
trust
as
provided
in
chapter
14,
ti
-
24
tle
68,
Idaho
Code,
section
15
-
5
-
409,
Idaho
Code,
and
section
15
-
5
-
409a
and
25
chapter
5,
title
15
,
Idaho
Code,
shall
not
be
considered
by
the
state
depart
-
26
ment
in
determining
whether
the
applicant
is
eligible
for
public
assistance
27
under
the
provisions
of
this
act,
so
long
as
the
action
is
permitted
under
the
28
provisions
of
section
1917(c)
and
(d)
of
the
social
security
act,
as
amended.
29
(7)
If
any
provision
of
this
section
or
the
application
thereof
to
any
30
person
or
circumstance
is
held
invalid,
such
invalidity
shall
not
affect
31
other
provisions
or
applications
of
the
section
that
can
be
given
effect
32
without
the
invalid
provisions
or
applications,
and
to
this
end
the
provi
-
33
sions
of
this
section
are
severable.
34
SECTION
28.
That
Section
59
-
1317,
Idaho
Code,
be,
and
the
same
is
hereby
35
amended
to
read
as
follows:
36
59
-
1317.
RIGHTS
TO
BENEFITS
INALIENABLE.
(1)
The
right
of
a
person
to
37
any
benefits
under
this
chapter
and
the
money
in
any
fund
created
by
this
38
chapter
shall
not
be
assignable
or
subject
to
execution,
garnishment
or
at
-
39
tachment
or
to
the
operation
of
any
bankruptcy
or
insolvency
law.
40
(2)
Notwithstanding
subsection
(1)
of
this
section,
the
benefits
of
41
a
member
or
alternate
payee
shall
be
subject
to
garnishment,
execution,
or
42
wage
withholding
under
chapter
12,
title
7,
Idaho
Code,
for
the
enforcement
43
of
an
order
for
the
support
of
a
minor
child.
44
(3)
Notwithstanding
subsection
(1)
of
this
section,
prior
to
July
1,
45
1998,
should
a
court
order
direct
distribution
or
partial
distribution
of
a
46
member
benefit
defined
in
either
chapter
13,
title
59,
Idaho
Code,
or
chap
-
47
ter
14,
title
72,
Idaho
Code,
be
made
to
the
member's
spouse
or
former
spouse,
48

107
that
member's
full
benefit
entitlement
will
be
forwarded
to
the
court
for
1
distribution.
2
(4)
Notwithstanding
subsection
(1)
of
this
section,
on
or
after
July
1,
3
1998,
should
a
court
order
direct
distribution
or
partial
distribution
of
a
4
member's
benefit
defined
in
either
chapter
13,
title
59,
Idaho
Code,
or
chap
-
5
ter
14,
title
72,
Idaho
Code,
be
made
to
the
member's
spouse
or
former
spouse,
6
the
court
order
must
be
an
approved
domestic
retirement
order
and
shall
com
-
7
ply
with
the
requirements
of
sections
59
-
1319
and
59
-
1320,
Idaho
Code.
8
(5)
Notwithstanding
subsection
(1)
of
this
section,
should
a
court
or
-
9
der
establish
a
trust
pursuant
to
section
15
-
5
-
409
chapter
5,
title
15
,
Idaho
10
Code,
the
full
benefit
entitlement
will
be
forwarded
to
the
trustee,
naming
1
1
the
trustee
as
payee.
12
SECTION
29.
That
Section
63
-
3022E,
Idaho
Code,
be,
and
the
same
is
13
hereby
amended
to
read
as
follows:
14
63
-
3022E.
HOUSEHOLD
DEDUCTION
FOR
DEPENDENTS
SIXTY
-
FIVE
YEARS
OF
AGE
15
OR
OLDER
OR
PERSONS
WITH
DEVELOPMENTAL
DISABILITIES.
(1)
An
additional
de
-
16
duction
from
taxable
income
shall
be
allowed
in
the
case
of
an
individual
17
who
maintains
a
household,
which
includes
as
an
immediate
member
of
the
fam
-
18
ily
residing
in
that
household,
one
(1)
or
more
individuals
sixty
-
five
(65)
19
years
of
age
or
older,
or
a
person
with
developmental
disabilities
as
defined
20
in
subsection
(5)
of
section
66
-
402
(4)
,
Idaho
Code,
regardless
of
the
age
21
of
the
person
when
such
developmental
disability
appeared,
each
of
whom
re
-
22
ceives
more
than
one
-
half
(1/2)
of
his
or
her
support
for
the
year
from
the
23
individual
who
maintains
the
household.
The
amount
of
the
deduction
shall
be
24
one
thousand
dollars
($1,000)
for
each
individual
sixty
-
five
(65)
years
of
25
age
or
older
or
with
developmental
disabilities.
26
(2)
There
shall
not
be
allowed
more
than
three
(3)
deductions
of
one
27
thousand
dollars
($1,000)
under
the
provisions
of
this
section
on
any
one
(1)
28
return.
29
(3)
No
deductions
shall
be
allowed
under
this
section
for
the
person(s)
30
in
whose
name(s)
the
income
tax
return
is
filed
except
as
set
forth
in
subsec
-
31
tion
(4)
of
this
section.
32
(4)
A
deduction
of
one
thousand
dollars
($1,000)
shall
be
allowed
un
-
33
der
this
section
for
a
person
with
a
developmental
disability,
as
defined
in
34
subsection
(5)
of
section
66
-
402
(4)
,
Idaho
Code,
who
is
filing
his
own
re
-
35
turn.
36
SECTION
30.
That
Section
63
-
3025D,
Idaho
Code,
be,
and
the
same
is
37
hereby
amended
to
read
as
follows:
38
63
-
3025D.
PAYMENT
FOR
DEPENDENTS
SIXTY
-
FIVE
YEARS
OF
AGE
OR
OLDER
OR
39
PERSONS
WITH
DEVELOPMENTAL
DISABILITIES.
(1)
In
lieu
of
the
deduction
from
40
taxable
income
allowed
by
section
63
-
3022E,
Idaho
Code,
a
resident
individ
-
41
ual
who
maintains
a
household,
which
includes
as
an
immediate
member
of
the
42
family
residing
in
that
household,
one
(1)
or
more
individuals
sixty
-
five
43
(65)
years
of
age
or
older
or
individuals
with
developmental
disabilities,
44
as
defined
in
subsection
(5)
of
section
66
-
402
(4)
,
Idaho
Code,
regardless
45
of
the
age
of
the
person
when
such
developmental
disability
appeared,
each
46
of
whom
receives
more
than
one
-
half
(1/2)
of
his
or
her
support
for
the
year
47

108
from
the
individual
who
maintains
the
household,
shall
be
entitled
to
a
pay
-
1
ment
from
the
refund
account
of
one
hundred
dollars
($100)
for
each
such
el
-
2
derly
member
of
the
family
or
family
member
with
a
developmental
disability.
3
Any
such
payment
shall
be
paid
to
such
individual
only
upon
his
making
appli
-
4
cation
therefor
at
such
time
and
in
such
manner
as
may
be
prescribed
by
the
5
state
tax
commission.
6
(2)
No
more
than
three
(3)
such
payments
shall
be
made
under
the
provi
-
7
sions
of
this
section
to
any
one
(1)
individual
in
any
calendar
year.
8
(3)
No
payment
may
be
claimed
under
the
provisions
of
this
section
by
9
the
individual
himself
except
as
set
forth
in
subsection
(4)
of
this
section.
10
(4)
A
credit
of
one
hundred
dollars
($100)
shall
be
allowed
under
1
1
this
section
for
a
person
with
a
developmental
disability
as
defined
in
12
subsection
(5)
of
section
66
-
402
(4)
,
Idaho
Code,
who
is
filing
his
own
tax
13
return.
14
SECTION
31.
That
Section
66
-
356,
Idaho
Code,
be,
and
the
same
is
hereby
15
amended
to
read
as
follows:
16
66
-
356.
RELIEF
FROM
FIREARMS
DISABILITIES.
(1)
A
court
that:
17
(a)
Orders
commitment
pursuant
to
section
66
-
329,
Idaho
Code;
18
(b)
Orders
commitment
or
treatment
pursuant
to
section
66
-
406,
Idaho
19
Code;
20
(c)
Appoints
a
guardian
pursuant
to
section
66
-
322,
Idaho
Code,
or
sec
-
21
tion
15
-
5
-
304
15
-
5
-
309
,
Idaho
Code;
22
(d)
Appoints
a
conservator
pursuant
to
section
15
-
5
-
407(b)
15
-
5
-
410
,
23
Idaho
Code;
or
24
(e)
Appoints
a
guardian
or
conservator
pursuant
to
section
66
-
404,
25
Idaho
Code;
or
26
(f)
(e)
Finds
a
defendant
incompetent
to
stand
trial
pursuant
to
27
section
18
-
212,
Idaho
Code,
shall
make
a
finding
as
to
whether
the
sub
-
28
ject
of
the
proceeding
is
a
person
to
whom
the
provisions
of
18
U.S.C.
29
922(d)(4)
and
(g)(4)
apply.
If
the
court
so
finds,
the
clerk
of
the
30
court
shall
forward
a
copy
of
the
order
to
the
Idaho
state
police,
which
31
in
turn
shall
forward
a
copy
to
the
federal
bureau
of
investigation,
or
32
its
successor
agency,
for
inclusion
in
the
national
instant
criminal
33
background
check
system
database.
34
(2)
A
person
who
is
subject
to
an
order,
including
an
appointment
or
35
finding
described
in
subsection
(1)
of
this
section,
may
petition
the
mag
-
36
istrate
division
of
the
court
that
issued
such
order,
or
the
magistrate
37
division
of
the
district
court
of
the
county
where
the
individual
resides,
38
to
remove
the
person's
firearms
-
related
disabilities
as
provided
in
sec
-
39
tion
105(a)
of
P.L.
110
-
180.
A
copy
of
the
petition
for
relief
shall
also
be
40
served
on
the
director
of
the
department
of
health
and
welfare
and
the
pros
-
41
ecuting
attorney
of
the
county
in
which
the
original
order,
appointment
or
42
finding
occurred,
and
such
department
and
office
may,
as
it
deems
appropri
-
43
ate,
appear,
support,
object
to
and
present
evidence
relevant
to
the
relief
44
sought
by
the
petitioner.
The
court
shall
receive
and
consider
evidence,
45
including
evidence
offered
by
the
petitioner,
concerning:
46
(a)
The
circumstances
of
the
original
order,
appointment
or
finding;
47
(b)
The
petitioner's
mental
health
and
criminal
history
records,
if
48
any;
49

109
(c)
The
petitioner's
reputation;
and
1
(d)
Changes
in
the
petitioner's
condition
or
circumstances
relevant
to
2
the
relief
sought.
3
The
court
shall
grant
the
petition
for
relief
if
it
finds
by
a
preponderance
4
of
the
evidence
that
the
petitioner
will
not
be
likely
to
act
in
a
manner
dan
-
5
gerous
to
public
safety
and
that
the
granting
of
the
relief
would
not
be
con
-
6
trary
to
the
public
interest.
The
petitioner
may
appeal
a
denial
of
the
re
-
7
quested
relief,
and
review
on
appeal
shall
be
de
novo.
A
person
may
file
a
8
petition
for
relief
under
this
section
no
more
than
once
every
two
(2)
years.
9
(3)
When
a
court
issues
an
order
granting
a
petition
for
relief
under
10
subsection
(2)
of
this
section,
the
clerk
of
the
court
shall
immediately
for
-
1
1
ward
a
copy
of
the
order
to
the
Idaho
state
police,
which
in
turn
shall
imme
-
12
diately
forward
a
copy
to
the
federal
bureau
of
investigation,
or
its
succes
-
13
sor
agency,
for
inclusion
in
the
national
instant
criminal
background
check
14
system
database.
15
SECTION
32.
That
Section
66
-
402,
Idaho
Code,
be,
and
the
same
is
hereby
16
amended
to
read
as
follows:
17
66
-
402.
DEFINITIONS.
As
used
in
this
chapter:
18
(1)
"Adult"
means
an
individual
eighteen
(18)
years
of
age
or
older.
19
(2)
"Artificial
life
-
sustaining
procedures"
means
any
medical
proce
-
20
dure
or
intervention
that
utilizes
mechanical
means
to
sustain
or
supplant
21
a
vital
function.
Artificial
life
-
sustaining
procedures
shall
not
include
22
the
administration
of
medication,
and
it
shall
not
include
the
performance
23
of
any
medical
procedure
deemed
necessary
to
alleviate
pain,
or
any
proce
-
24
dure
that
could
be
expected
to
result
in
the
recovery
or
long
-
term
survival
25
of
the
patient
and
his
restoration
to
consciousness.
26
(3)
(2)
"Department"
means
the
Idaho
department
of
health
and
welfare.
27
(4)
(3)
"Director"
means
the
director
of
the
department
of
health
and
28
welfare.
29
(5)
(4)
"Developmental
disability"
means
a
chronic
disability
of
a
per
-
30
son
that
appears
before
the
age
of
twenty
-
two
(22)
and:
31
(a)
Is
attributable
to
an
impairment,
such
as
intellectual
disability,
32
cerebral
palsy,
epilepsy,
autism
or
other
condition
found
to
be
closely
33
related
to
or
similar
to
one
(1)
of
these
impairments
that
requires
sim
-
34
ilar
treatment
or
services,
or
is
attributable
to
dyslexia
resulting
35
from
such
impairments;
and
36
(b)
Results
in
substantial
functional
limitations
in
three
(3)
or
more
37
of
the
following
areas
of
major
life
activity:
self
-
care,
receptive
and
38
expressive
language,
learning,
mobility,
self
-
direction,
capacity
for
39
independent
living,
or
economic
self
-
sufficiency;
and
40
(c)
Reflects
the
need
for
a
combination
and
sequence
of
special,
in
-
41
terdisciplinary
or
generic
care,
treatment
or
other
services
that
are
42
of
lifelong
or
extended
duration
and
individually
planned
and
coordi
-
43
nated.
44
(6)
(5)
"Emancipated
minor"
means
an
individual
between
fourteen
(14)
45
and
eighteen
(18)
years
of
age
who
has
been
married
or
whose
circumstances
46
indicate
that
the
parent
-
child
relationship
has
been
renounced.
47
(7)
(6)
"Evaluation
committee"
means
an
interdisciplinary
team
of
48
at
least
three
(3)
individuals
designated
by
the
director
or
his
designee
49

110
to
evaluate
an
individual
as
required
by
the
provisions
of
this
chapter.
1
Each
committee
must
include
a
physician
licensed
to
practice
medicine
in
2
the
state
of
Idaho,
a
licensed
social
worker
or
a
licensed
professional
3
counselor,
and
a
clinical
psychologist
or
such
other
individual
who
has
a
4
master's
degree
in
psychology
as
designated
by
the
department
director.
In
5
a
proceeding
governed
by
section
66
-
404
chapter
5,
title
15
,
Idaho
Code,
a
6
licensed
independent
practitioner
may
be
used
instead
of
a
physician.
Each
7
committee
member
must
be
specially
qualified
by
training
and
experience
in
8
the
diagnosis
and
treatment
of
persons
with
a
developmental
disability.
9
(8)
(7)
"Facility"
means
the
southwest
Idaho
treatment
center,
a
nurs
-
10
ing
facility,
an
intermediate
care
facility,
an
intermediate
care
facility
1
1
for
people
with
intellectual
disabilities,
a
licensed
residential
or
as
-
12
sisted
living
facility,
a
group
foster
home,
other
organizations
licensed
to
13
provide
twenty
-
four
(24)
hour
care,
treatment
and
training
to
the
develop
-
14
mentally
disabled,
a
mental
health
center,
or
an
adult
and
child
development
15
center.
16
(9)
(8)
"Lacks
capacity
to
make
informed
decisions"
means
the
inabil
-
17
ity,
by
reason
of
developmental
disability,
to
achieve
a
rudimentary
under
-
18
standing
of
the
purpose,
nature,
and
possible
risks
and
benefits
of
a
deci
-
19
sion,
after
conscientious
efforts
at
explanation,
but
shall
not
be
evidenced
20
by
improvident
decisions
within
the
discretion
allowed
nondevelopmentally
21
disabled
individuals.
22
(10)
(9)
"Licensed
independent
practitioner"
or
"LIP"
means:
23
(a)
A
licensed
physician
or
physician
assistant
pursuant
to
section
24
54
-
1803,
Idaho
Code;
or
25
(b)
A
licensed
advanced
practice
registered
nurse
pursuant
to
section
26
54
-
1402
is
as
defined
in
section
39
-
4502(13)
,
Idaho
Code.
27
(11)
(10)
"Likely
to
injure
himself
or
others"
means:
28
(a)
A
substantial
risk
that
physical
harm
will
be
inflicted
by
the
re
-
29
spondent
upon
his
own
person
as
evidenced
by
threats
or
attempts
to
com
-
30
mit
suicide
or
inflict
physical
harm
on
himself;
or
31
(b)
A
substantial
risk
that
physical
harm
will
be
inflicted
by
the
re
-
32
spondent
upon
another
as
evidenced
by
behavior
that
has
caused
such
harm
33
or
that
places
another
person
or
persons
in
reasonable
fear
of
sustain
-
34
ing
such
harm;
or
35
(c)
That
the
respondent
is
unable
to
meet
essential
requirements
for
36
physical
health
or
safety.
37
(12)
"Manage
financial
resources"
means
the
actions
necessary
to
ob
-
38
tain,
administer
and
dispose
of
real,
personal,
intangible
or
business
prop
-
39
erty,
benefits
and/or
income.
40
(13)
(11)
"Meet
essential
requirements
for
physical
health
or
safety"
41
means
the
actions
necessary
to
provide
health
care,
food,
clothing,
shelter,
42
personal
hygiene
and/or
other
care
without
which
serious
physical
injury
or
43
illness
would
occur.
44
(14)
(12)
"Minor"
means
an
individual
under
age
eighteen
(18)
years.
45
(15)
(13)
"Protection
and
advocacy
system"
means
the
agency
designated
46
by
the
governor
of
the
state
of
Idaho
to
provide
advocacy
services
for
people
47
with
disabilities
pursuant
to
42
U.S.C.
6042.
48
(16)
(14)
"Respondent"
means
the
individual
subject
to
judicial
pro
-
49
ceedings
authorized
by
the
provisions
of
this
chapter.
50

111
SECTION
33.
That
Section
66
-
404
,
Idaho
Code,
be,
and
the
same
is
hereby
1
repealed.
2
SECTION
34.
That
Section
66
-
404A
,
Idaho
Code,
be,
and
the
same
is
hereby
3
repealed.
4
SECTION
35.
That
Section
66
-
405
,
Idaho
Code,
be,
and
the
same
is
hereby
5
repealed.
6
SECTION
36.
That
Section
66
-
408,
Idaho
Code,
be,
and
the
same
is
hereby
7
amended
to
read
as
follows:
8
66
-
408.
PETITION
FOR
REEXAMINATION
OF
ORDER
OF
GUARDIANSHIP
OR
9
COMMITMENT.
All
respondents
admitted
to
a
residential
facility
upon
appli
-
10
cation
of
their
parent
or
guardian
or
committed
to
the
director
shall
be
1
1
entitled
to
an
annual
review
of
their
placement
by
an
evaluation
committee
12
upon
request
therefor
by
the
respondent,
the
respondent's
guardian
or
at
-
13
torney.
In
addition,
all
respondents
committed
pursuant
to
section
66
-
406,
14
Idaho
Code,
or
for
whom
an
order
for
guardianship
or
conservatorship
has
been
15
issued
pursuant
to
section
66
-
405,
Idaho
Code,
shall
be
entitled
to
a
reex
-
16
amination
of
the
order
for
or
conditions
of
their
commitment
,
guardianship
17
or
conservatorship
on
their
own
petition,
or
that
of
their
legal
guardian,
18
parent,
attorney
or
friend,
to
the
district
court
of
the
county
in
which
the
19
order
was
issued
or
in
which
they
are
found.
Upon
receipt
of
the
petition,
20
the
court
shall
determine
whether
the
conditions
justifying
the
order
or
its
21
conditions
continue
to
exist.
22
SECTION
37.
That
Section
68
-
1404,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
68
-
1404.
INCOMPETENT
PERSONS.
References
in
this
chapter
to
"incompe
-
25
tent
person,"
shall
be
deemed
to
include
persons
for
whom
a
conservator
may
26
be
appointed
pursuant
to
section
15
-
5
-
401
15
-
5
-
410
,
Idaho
Code.
27
SECTION
38.
This
act
shall
be
in
full
force
and
effect
on
and
after
Jan
-
28
uary
1,
2027.
29