The Ultimate Guide to Idaho Guardianship Forms

The Basics of Idaho Guardianship

Idaho Guardianship forms are used in Idaho to give legal authority to a person or persons called a guardian to make personal and/or financial decisions for another person called a Protected Person. There are many varieties of guardianship in Idaho. For example, the following are some types of guardianship which are formal as opposed to an informal relationship, such as a person taking care of their elderly parent without court involvement.

• A guardian for a minor child is a person chosen by a parent of a child to care for that child in the event the parent dies or becomes incapacitated (Joint Guardianship).
• A guardian ad litem is a person appointed by a Court to act as a litigant during a contested proceeding.
• A conservator is a person appointed by the Court to manage only the property of a Protected Person.
• An emergency guardian is a person for a limited purpose appointed by the Court for a limited period of time and if there is an Emergency in the life of the Protected Person. An emergency exists when an imminent danger to the health, wealth, property or safety of a Protected Person exists and no other person authorized to act on behalf of the Protected Person is able to respond to that need.
• A temporary guardian is a person appointed by the Court for a limited purpose and for a limited period of time.
• A guardian is a person appointed by the Court for an indefinite period of time to care for a Protected Person. The proof necessary by statute appears to be different , and less than for a conservatorship, however the Court still must find by clear and convincing evidence that the Protected Person is incapacitated.

A protected person may require the appointment of a guardian if he or she cannot receive and evaluate information effectively or communicate decisions, even with the assistance of an appropriate and reasonably available support service, technology or appropriate mechanical assistance.
The fact that a person has been diagnosed with dementia does not constitute clear and convincing evidence that the person is incapacitated under the statute. The Court must determine the affected areas of functioning and to what extent the person is impaired by the dementia.
A protected person is a person for whom the appointment of a guardian is sought or has been made. A protected person does not include a minor child.
A Roadmap to Determining the Need for a Guardian To determine if someone needs a guardian you:
• Discuss the reason why a guardian is being requested.
• Identify the protected person’s assets.
• Identify the areas of incapacity.
• Determine the level of incapacity required by law.
• Identify existing resources that can "support" the protected person.
• Analyze the level of capacity and how it is affected by physical and cognitive disability.
• Make a recommendation as to the best course of action for the protected person.

Becoming a Guardian in Idaho

A Guardian in Idaho must be a natural person or the State of Idaho. A natural person is an adult ( 18 years of age), of sound mind, and otherwise competent and suitable. A Guardian of the Estate may be a bank (if it has a branch in Idaho) or a trust company registered as a fiduciary in good standing with the state of Idaho. A Guardian Ad Litem may be an attorney who is appointed by the court.
No person shall be appointed guardian of any incapacitated person unless it is found that the person being appointed is a suitable person to act as such guardian, of sound mind, not a convicted felon who has been unpardoned, has not had their right to vote revoked, is not a party to any contested action involving the alleged incapacitated person, is not involved in business with the alleged incapacitated person unless such business relationship is to be the subject matter of the guardianship, has not been appointed guardian over the alleged incapacitated person in the past without a showing of good cause why the individual should not be appointed. Idaho Guardianship Rules 301.
If there is any doubt about whether a person is a suitable person to be appointed guardian, the Court will appoint a GAL to investigate issues of the suitability of the proposed guardian. The action for guardianship is dismissed if the Court or a GAL finds that the proposed ward was not, in fact, incapacitated at the time the action is commenced.

The Process for Getting Guardianship in ID

Once you have made the decision to pursue guardianship for a minor or an incapacitated adult, the first step is to file a petition with the court, accompanied by legal forms. When petitioning for guardianship in Idaho, there are specific forms that must be filled out and submitted to the court.
The process for obtaining guardianship begins with filing a petition for guardianship of the person of a minor, general, or limited to care for minor children with the appropriate probate court in the area where the respondent resides. If there is an existing guardianship, you must file a petition for termination of the minor child guardianship. You will also pay a filing fee.
After the petition has been filed, not less than seven days later, the petitioner is required to set for hearing at least twenty-one (21) days after the mailing of the notice of the hearing on all parties. An attorney is not required, but is strongly recommended. Facing the courts alone can result in a lot of mistakes that end up costing more time and money in the long run, so it is worthwhile to seek counsel from an experienced Boise estate planning attorney.
Documentation required to petition for guardianship includes:
Not all of the aforementioned documentation will be required for all cases. Some important factors that will determine whether some documentation is needed include whether the minor is married, whether any past actions have led to the need for a guardianship, and whether the parties are agreeable to guardianship or not. Regardless of the particulars in your particular case, it is important to seek counsel from an experienced estate planning attorney, and guardianship must be approved by a judge.

Idaho Guardianship Forms 101

When filing guardianship papers in Ada County, S. Reinhardt Law Office recommends that you use particular forms, which we provide here. We’ve also created a complete guide to Idaho guardianship forms (available on our blog). The following forms are required:

• Petition to – Letter to the Court — this is where you will tell the judge what you want—your "wish list."
• Medical Report — You must have a doctor complete a Medical Report within 90 days of when you put your "wish list" in front of the judge.
• Notice of Hearing and Guardian’s Duties — These are required by statute, and must be given to all the "interested persons," the family members of the Respondent.
• Guardian’s Report — This is where you will give a report (a list of information) to the judge to let the judge know that things are being taken care of by the Respondent.
• Order Appointing Guardian — The judge will sign this, giving you authority over the Respondent.

We’ve created a Three-Step Process for getting through the guardianship process in Idaho.

Idaho Guardianship Forms: How to File and Submit Them

After completing the necessary Idaho guardianship forms, the next step is to file and submit them to the appropriate Idaho court. The process, which can vary by county, generally requires you to visit the court clerk in the appropriate jurisdiction and provide them with a copy of the completed forms. In some cases, you may be able to submit the forms online or via email, but those options can vary by court and it is important to review the court’s rules and procedures before proceeding.
In addition to the completed guardianship forms, there may be additional documentation required as part of the filing process. Such documentation may include copies of financial disclosures, birth certificates, or other supporting documents that demonstrate your eligibility for serving as a guardian. Depending on your county, you may also need to pay a filing fee in order to submit your guardianship forms.
For best practices , it is recommended that you retain copies of all guardianship forms and accompanying documentation for your records. Having these documents organized and accessible can be helpful in the event that there are any questions or concerns about your guardianship application process. Additionally, you can use this opportunity to familiarize yourself with the court’s rules and procedures for future filings.
Once you have submitted the completed guardianship forms and received confirmation from the court, it is important to keep track of any upcoming deadlines, such as hearings or paperwork submissions. Using a calendar or scheduling tool can help ensure that you meet deadlines and respond to the court within a reasonable timeframe. Having a clear strategy in place can make the filing and submission process easier to maintain and follow.

Next Steps After a Guardianship Order is Granted

After the court has granted an order for guardianship, the guardian is required to file reports with the court. The court will provide the forms for the initial reports. An initial report must be filed within 90 days after appointment. It details any and all property that the ward has at the time the guardian is appointed. It also lists whether or not the ward was living at home at the time the guardian was appointed, whether the ward is receiving medical benefits, and how the ward is adjusting. The initial report must list whom the guardian has contacted about the ward in an attempt to get information regarding the adjustment to the guardianship. After the initial report, the guardian is required to file subsequent reports every two years as long as the guardianship is still required.
The guardian is responsible for handling all of the affairs of the ward. That means communicating with:
The guardian is entitled to any and all reasonable fees for services performed as the guardian. The person attempting to be appointed as guardian may not receive any compensation for his services as guardian until the court approves that compensation. The guardian is entitled to have their attorney fees reimbursed but again must be approved by the court. Compensation may not be paid out of the ward’s income or estate without the approval of the court.
Idaho requires a guardian to account to the court all of the annual expenditures and receipts as well as a list of the ward’s property and liabilities. If all of the requirements are met the court will allow such expenditures and reimburse the guardian for his or her fees.

Idaho Guardianship Resources

For those who are considering or are currently serving as a guardian in Idaho, there are a number of resources available. Legal aid organizations, such as Idaho Legal Aid Services and the Idaho Volunteer Lawyer Program, often provide guidance for low-income individuals who have questions about guardianship and for low-income people needing help with limited scope representation . The Guardianship Association of Idaho can connect you with a local chapter of the National Guardianship Association. This organization also has information on training, certification, and related topics. Support groups and other social services organizations are also available across the state to assist with guardian needs.