Idaho Adult Guardianship / Conservatorship Petition Packet

IDAHO ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKET

District Court (Magistrate Division) Filing Packet — Uniform Probate Code, Chapter 5

PART 1 — PRE-PETITION CHECKLIST

Petitioner / Counsel: [_________________________________________]
AIP (Alleged Incapacitated Person): [_________________________________________]
Date of intake: [__/__/____]

1.1 Standing — Idaho Code § 15-5-303(a)

☐ Petitioner is the incapacitated person OR any person interested in AIP's welfare
☐ AIP is age 18 or older (Idaho age of majority)
☐ Venue confirmed — Idaho Code § 15-5-302 (county where AIP resides or is present)

1.2 Statutory Standard

Petitioner alleges that AIP is "incapacitated" within the meaning of Idaho Code § 15-5-101(a):

"A person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions concerning his person."

1.3 Least Restrictive Form (§ 15-5-303(a) policy)

The statute expressly favors "the least restrictive form of guardianship" and one that "permits incapacitated persons to participate as fully as possible in all decisions affecting them."

1.4 Less Restrictive Alternatives Considered

☐ Supported decision-making
☐ Durable POA for finances (Idaho Code § 15-12-101 et seq. — UPOAA)
☐ POA for health care / Living Will (Idaho Code § 39-4501 et seq.)
☐ Representative payee (SSA)
☐ VA fiduciary
☐ Joint account, ABLE account, special needs trust
☐ Trust (revocable / irrevocable)
☐ Adult Protective Services (Idaho Code § 39-5301 et seq.)
☐ Care management

Explanation of insufficiency: [_________________________________________]

1.5 Documents to Collect

☐ Physician's or psychologist's report (required at hearing)
☐ Plan in reasonable detail for proposed actions of guardian per § 15-5-303(a)
☐ Asset/debt inventory
☐ Income statement (SSA, pension, wages)
☐ Existing POA, advance directive, will, trust
☐ Names/addresses of spouse, adult children, parents, adult siblings
☐ Background information on proposed guardian
☐ Filing fee or fee waiver affidavit

1.6 Type of Proceeding

☐ Limited guardianship of the person
☐ Full / general guardianship
☐ Co-guardians (§ 15-5-303(a))
☐ Limited conservatorship
☐ Full conservatorship
☐ Combined guardianship and conservatorship
☐ Temporary guardianship — § 15-5-310 (emergency)

PART 2 — VERIFIED PETITION FOR APPOINTMENT OF GUARDIAN AND/OR CONSERVATOR

IN THE DISTRICT COURT OF THE [_______________] JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [_______________]

Case No.: [_______________________]

VERIFIED PETITION FOR APPOINTMENT OF [☐ GUARDIAN] [☐ CONSERVATOR] [☐ GUARDIAN AND CONSERVATOR]

COMES NOW Petitioner, [PETITIONER FULL NAME], pursuant to Idaho Code §§ 15-5-303 and 15-5-407, and respectfully petitions this Court as follows:

2.1 Petitioner

1. Name: [_________________________________________]
2. Address: [_________________________________________]
3. Telephone: [(___) ___-____] Email: [______________________]
4. Relationship to AIP: [_________________________________________]
5. Interest in appointment: [_________________________________________]
6. Attorney for Petitioner: [_________________________________________]
   Idaho State Bar No.: [____________] Address: [_________________________________________]

2.2 Alleged Incapacitated Person

7. Full legal name: [_________________________________________]
8. Date of birth: [__/__/____] Age: [____]
9. Address: [_________________________________________]
10. Current location (if different): [_________________________________________]

2.3 Statutory Notice Parties — § 15-5-309

2.4 Nature of Alleged Incapacity

11. Diagnoses: [_________________________________________]
12. Functional limitations: [_________________________________________]
13. Specific decision-making areas in which AIP lacks capacity:
    ☐ Health care
    ☐ Residence/placement
    ☐ ADLs
    ☐ Finances
    ☐ Contracts
    ☐ Other: [_______________________________]

2.5 Guardian's Plan — § 15-5-303(a)

Petitioner submits the following plan for the proposed actions of the guardian regarding AIP's affairs after appointment (to the extent reasonably known):

a. Residence: [_________________________________________]
b. Medical care: [_________________________________________]
c. Daily care/services: [_________________________________________]
d. Visitation and family contact: [_________________________________________]
e. Education/habilitation/therapeutic: [_________________________________________]
f. Financial plan (if conservatorship): [_________________________________________]

(If complete information is not known, guardian shall submit detailed plan within 30 days of appointment per § 15-5-303(a).)

2.6 Scope of Authority Requested

☐ Limited — specific powers: [_________________________________________]
☐ General — reason limited is insufficient: [_________________________________________]
☐ Co-guardians: [_________________________________________]

2.7 Proposed Guardian / Conservator

14. Name: [_________________________________________]
15. Address: [_________________________________________]
16. Relationship to AIP: [_________________________________________]
17. Qualifications: [_________________________________________]
18. Whether nominated by AIP or by AIP's parent/spouse in a writing: ☐ Yes ☐ No
19. Conflicts of interest disclosure: [_________________________________________]

2.8 Conservatorship Allegations (if applicable) — § 15-5-407

20. Estimated value of AIP's estate:

21. Monthly income: $[___________]
22. Reason conservator is needed: [_________________________________________]

2.9 Less Restrictive Alternative Analysis

2.10 Prayer for Relief

WHEREFORE, Petitioner prays this Court:

A. Set this matter for hearing pursuant to Idaho Code § 15-5-303(b);
B. Appoint counsel for AIP if AIP has not retained counsel — § 15-5-303(b) (with duties of GAL under current law per § 15-5-315; client-directed under SB 1240 / UGCOPAA effective 1/1/2027);
C. Appoint a court visitor under § 15-5-308 to interview AIP, the proposed guardian, and AIP's caregivers, and to file a written report;
D. Order an examination of AIP by a physician or other qualified examiner;
E. Direct service of notice per § 15-5-309;
F. Following hearing, find AIP incapacitated by clear and convincing evidence and appoint [Petitioner / proposed guardian/conservator] with the [limited / full] powers requested;
G. Require bond from the conservator pursuant to § 15-5-410;
H. Grant such other relief as is just and proper.

Respectfully submitted this [____] day of [______________], 20[____].

___________________________________
[PETITIONER SIGNATURE]
[PRINTED NAME]

___________________________________
[ATTORNEY FOR PETITIONER] (if any)
Idaho State Bar No. [____________]

VERIFICATION

STATE OF IDAHO )
COUNTY OF [______________] ) ss.

I, [PETITIONER NAME], being first duly sworn, depose and state under penalty of perjury under the laws of the State of Idaho that I have read the foregoing Verified Petition and the facts stated are true and correct to the best of my knowledge, information, and belief.

___________________________________
[PETITIONER SIGNATURE]

Subscribed and sworn before me this [____] day of [______________], 20[____].

___________________________________
Notary Public for Idaho
My commission expires: [__/__/____]

PART 3 — NOTICE TO ALLEGED INCAPACITATED PERSON (§ 15-5-309)

TO: [AIP NAME], Alleged Incapacitated Person

You are notified that a Verified Petition has been filed in the District Court of the [____] Judicial District, in and for [____________] County, Idaho (Case No. [_______________________]), asking the Court to find you incapacitated and appoint a guardian and/or conservator for you. This proceeding may significantly limit your legal rights.

YOUR RIGHTS — § 15-5-303(b):

1. Right to counsel. If you do not have counsel of your own choice, the Court SHALL appoint an attorney to represent you. Currently, that attorney has the powers and duties of a guardian ad litem. (After January 1, 2027, under SB 1240/UGCOPAA, the attorney's role becomes client-directed.)
2. Right to be present at the hearing.
3. Right to present evidence and cross-examine witnesses.
4. Right to a jury trial if requested.
5. Right to court visitor investigation under § 15-5-308.

HEARING:

• Date: [__/__/____]
• Time: [____]:[____] [☐ a.m. ☐ p.m.]
• Magistrate: [______________________]
• Location: [______________________]
• Method: ☐ In person ☐ Video

A copy of the Verified Petition is served with this Notice.

Dated: [__/__/____]

___________________________________
[PETITIONER / COUNSEL SIGNATURE]

PART 4 — NOTICE TO INTERESTED PARTIES (§ 15-5-309)

TO: [NAME OF INTERESTED PARTY]

You are notified that [PETITIONER] has filed a Verified Petition in the District Court for [____________] County, Idaho (Case No. [_______________________]) seeking the appointment of a guardian and/or conservator for [AIP NAME].

Hearing: [__/__/____] at [____]:[____] [☐ a.m. ☐ p.m.], Magistrate [______________________].

You may attend and be heard. To object, file a written response with the Clerk of the District Court prior to the hearing and serve a copy on Petitioner's counsel. Notice must be served per Idaho Code § 15-5-309 timing requirements (typically at least 14 days prior).

Dated: [__/__/____]

___________________________________
[PETITIONER / COUNSEL SIGNATURE]

PART 5 — PHYSICIAN'S / EXAMINER'S REPORT (§ 15-5-303; § 15-5-304)

REPORT OF PHYSICIAN/PSYCHOLOGIST/QUALIFIED EXAMINER

Re: [AIP NAME] Case No.: [_______________________]

I, Dr. [______________________], [☐ M.D. ☐ D.O. ☐ Ph.D. (psychology)], License No. [____________], having examined the above-named individual, submit the following:

5.1 Examination

• Date: [__/__/____] Location: [_________________________________________]
• Length: [____] hours
• Records reviewed: [_________________________________________]

5.2 Diagnoses and Etiology

• Primary diagnosis (ICD-10): [_________________________________________]
• Secondary diagnoses: [_________________________________________]
• Etiology: [_________________________________________]

5.3 Statutory Findings — § 15-5-101(a)

Is AIP impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause to the extent of lacking sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person?

☐ Yes — explain: [_________________________________________]
☐ No

5.4 Functional Assessment

5.5 Prognosis and Recommendations

• Prognosis: ☐ Improving ☐ Stable ☐ Declining
• Expected duration: [____________]
• Hearing attendance: ☐ Can attend ☐ Should be excused — reason: [____________]
• Recommended scope: ☐ None ☐ Limited ☐ General
• Recommended supports / less restrictive: [_________________________________________]

Signed under penalty of perjury this [____] day of [______________], 20[____].

___________________________________
Dr. [______________________]
License No. [____________]

PART 6 — ORDER APPOINTING COURT VISITOR (§ 15-5-308) AND COUNSEL / GAL (§ 15-5-303(b))

6.1 Court Visitor

The Court appoints [VISITOR NAME] as visitor pursuant to Idaho Code § 15-5-308. The visitor shall:

a. Personally interview AIP;
b. Interview the proposed guardian/conservator;
c. Observe AIP's place of abode and the proposed residence;
d. Interview key caregivers and family members;
e. Investigate AIP's needs and the necessity for guardianship/conservatorship;
f. Investigate less restrictive alternatives;
g. File a written report with the Court not less than five (5) days before the hearing.

6.2 Counsel / Guardian Ad Litem for AIP — § 15-5-303(b), § 15-5-315

[ATTORNEY NAME], Idaho State Bar No. [____________], is appointed to represent AIP. Under current Idaho Code § 15-5-303(b) and § 15-5-315, the attorney has the powers and duties of a guardian ad litem. (Note: Effective January 1, 2027 under SB 1240/UGCOPAA, this role becomes client-directed under amended § 15-5-305.)

Date: [__/__/____]

___________________________________
Magistrate Judge

PART 7 — BOND (§ 15-5-410)

ORDER REQUIRING / WAIVING BOND

Pursuant to Idaho Code § 15-5-410, the Court ORDERS:

☐ Conservator shall file bond in the penal sum of $[___________], with [☐ corporate surety ☐ personal surety] approved by the Court.
☐ Bond is waived based on:
☐ All interested persons consent in writing
☐ Estate is held in restricted accounts requiring court order
☐ Other good cause: [_________________________________________]

Bond shall be filed before Letters of Conservatorship issue.

Date: [__/__/____]

___________________________________
Magistrate Judge

PART 8 — NOTICE OF HEARING

IN THE DISTRICT COURT OF THE [_______________] JUDICIAL DISTRICT, COUNTY OF [_______________], STATE OF IDAHO

Case No.: [_______________________]
In the Matter of the Guardianship/Conservatorship of [AIP NAME]

NOTICE IS HEREBY GIVEN that a hearing on the Verified Petition will be held:

• Date: [__/__/____]
• Time: [____]:[____] [☐ a.m. ☐ p.m.]
• Magistrate: [______________________]
• Location: [______________________ County Courthouse, ______________________]
• Method: ☐ In person ☐ Video

Notice is given pursuant to Idaho Code § 15-5-309. Notice must be served on AIP, AIP's counsel/GAL, and all interested persons sufficiently in advance to satisfy due process (typically at least 14 days).

Dated: [__/__/____]

___________________________________
Clerk of the District Court

PART 9 — FINAL ORDER OF APPOINTMENT AND LETTERS (§§ 15-5-304, 15-5-305, 15-5-312)

ORDER OF APPOINTMENT — [☐ LIMITED ☐ FULL] GUARDIAN / CONSERVATOR

This matter came before the Court on [__/__/____]. The Court considered the Verified Petition, the physician/psychologist report, the visitor's report under § 15-5-308, the report of AIP's counsel/GAL, and the testimony at hearing.

The Court FINDS by clear and convincing evidence that:

1. AIP is an incapacitated person within the meaning of Idaho Code § 15-5-101(a);
2. The least restrictive form of guardianship/conservatorship sufficient to meet AIP's needs is [☐ limited ☐ full];
3. Less restrictive alternatives are insufficient;
4. The proposed guardian/conservator is qualified and suitable;
5. The plan submitted by petitioner under § 15-5-303(a) is appropriate (or shall be supplemented within 30 days).

IT IS ORDERED:

A. [NAME] is appointed [☐ Limited ☐ Full] Guardian of [AIP NAME].
B. [NAME] is appointed [☐ Limited ☐ Full] Conservator of the Estate of [AIP NAME].
C. Guardian's powers (per § 15-5-312): [_________________________________________]
D. Conservator's powers: [_________________________________________]
E. Rights retained by AIP: [_________________________________________]
F. Bond: ☐ $[___________] ☐ waived.
G. Acceptance of appointment and consent to jurisdiction must be filed under § 15-5-305 before Letters issue.
H. Inventory due within ninety (90) days per § 15-5-418; annual accountings per § 15-5-419; guardian's annual report per § 15-5-312.

Date: [__/__/____]

___________________________________
Magistrate Judge

ACCEPTANCE OF APPOINTMENT AND CONSENT TO JURISDICTION (§ 15-5-305)

I, [GUARDIAN/CONSERVATOR NAME], accept the appointment as [☐ Guardian ☐ Conservator] of [AIP NAME] and consent to the personal jurisdiction of the District Court for [____________] County, Idaho, in any proceeding relating to this guardianship/conservatorship.

___________________________________
[GUARDIAN/CONSERVATOR SIGNATURE]
Date: [__/__/____]

LETTERS OF GUARDIANSHIP

The Clerk of the District Court of the [____] Judicial District, in and for [____________] County, Idaho, hereby certifies that [GUARDIAN NAME] has been duly appointed and qualified as Guardian of [AIP NAME], an incapacitated person, with the powers set forth in the Order of Appointment, and is authorized to act as such.

Dated: [__/__/____] Seal: [____]

___________________________________
Clerk of the District Court

LETTERS OF CONSERVATORSHIP

The Clerk of the District Court hereby certifies that [CONSERVATOR NAME] has been duly appointed and qualified as Conservator of the Estate of [AIP NAME], having posted bond in the amount of $[___________] (or bond waived), and is authorized to act as such.

Dated: [__/__/____] Seal: [____]

___________________________________
Clerk of the District Court

PART 10 — INITIAL INVENTORY & ANNUAL ACCOUNTING REFERENCE (§§ 15-5-418, 15-5-419; § 15-5-312)

10.1 Initial Inventory (Conservator) — within 90 days of appointment

10.2 Annual Reports

• Guardian's annual report (per § 15-5-312): AIP's residence, condition, services received, changes, recommendation on continued need.
• Conservator's annual accounting (§ 15-5-419): receipts, disbursements, balances; supported by financial statements.
• Filed with the Clerk and served on AIP, counsel/GAL, and persons who filed request for notice under § 15-5-406.

10.3 Recordkeeping

☐ Separate fiduciary account titled "[NAME], Conservator for [AIP NAME]"
☐ No commingling
☐ Retain receipts/statements 7 years
☐ Court approval required for sale of real estate, distributions outside ordinary maintenance, self-dealing transactions

SOURCES AND REFERENCES

• Idaho Code Title 15, Chapter 5 — Protection of Persons Under Disability and Their Property
• Idaho Supreme Court Self-Help: https://courtselfhelp.idaho.gov/
• Idaho Code § 66-401 et seq. — Developmentally Disabled Persons (mandatory counsel)
• SB 1240 (2026) — Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (effective January 1, 2027)
• Idaho Bar Estate Planning Section guidance materials
• Idaho Code § 31-3220 et seq. (fee waiver / in forma pauperis)

END OF IDAHO ADULT GUARDIANSHIP / CONSERVATORSHIP PETITION PACKET