Guardianship of a Minor
According to Idaho Code Ann. § 15-5-204, the court may appoint a guardian for an unmarried minor if:
- all parental rights of custody have been terminated by the court; or
- the court finds that the child has been neglected, abused, abandoned, or otherwise not being provided a stable home environment by their parents.
The guardian chosen may be anyone who is able to serve the best interests of the minor. If the minor is 14 years or older, they may nominate their guardian themselves (unless the court determines this contrary to the child’s interests).
The court will proceed to a hearing to determine whether the appointed guardian is qualified for the role and if the welfare and best interests of the minor will be served by the requested appointment. Afterwards, the court will either confirm the appointment or dismiss the proceedings.
The powers and duties of an approved guardian are laid out in Idaho Code Ann. § 15-5-209:
- The guardian must take reasonable care of the child’s personal effects and commence protective proceedings if necessary to protect other property of the child.
- The guardian may receive money payable for the support of the minor to the minor’s parent, guardian, or custodian under the terms of any statutory benefit, conservatorship, trust, etc. The money received should be used for the child’s current needs for support, care, and education.
- The guardian is empowered to facilitate the minor’s education, social, or other activities and to authorize medical or other professional care, treatment, or advice. They may also consent to the marriage or adoption of the child.
- The guardian shall report to the court at least annually on the status of the child and their estate under their possession or control.
Note that the guardian is not legally obligated to provide from their own funds for the child and are not liable to third persons for the minor’s conduct as a parent would be.
Schedule a free consultation with Case Legal Counsel to learn more about how guardianship/conservatorship can help you and your loved ones. Call (208) 203-1295 or contact the firm online today.
Guardianship of an Incapacitated Person
Guardianship of an incapacitated person or developmentally disabled person has similar duties as above. Unless otherwise modified by the court, these duties include:
- having custody of the person and establishing where they may live;
- providing for the care, comfort, and maintenance of the person if the guardian has been granted custody, and, whenever appropriate, arranging for the person’s training and education and taking reasonable care of their clothing, furniture, vehicles, and other personal effects and property;
- giving any consent or approval necessary to enable the person to receive medical or other professional care, counsel, treatment, or service, as well as having access to these relevant medical documents;
- initiating proceedings to appoint a conservator for the person’s estate (the guardian may not exercise any of the powers of a conservator);
- reporting to the court at least annually on the status of the person.
Note that any guardian of a person for whom a conservator has also been appointed is entitled to receive reasonable sums for their services and for room and board furnished to the person in their care as agreed upon between the guardian and the conservator. Additionally, all the funds from the person’s estate received by the guardian that exceeds those needed to provide for support, care, and education expenses of the person should be paid to the conservator for management.
If reasonable under the circumstances, a guardian may delegate certain responsibilities to the person under their care.
Schedule a free consultation with Case Legal Counsel to learn more about the guardianship and conservatorship process in Idaho. Call (208) 203-1295 or contact the firm online today.
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