Guardianship Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Idaho courts require the use of official Court Assistance Office (CAO) forms for guardianship petitions
(e.g., CAO GCM 1-4 for minor guardianship petitions).
This template provides the substantive legal content to help you prepare — but you must
transfer your content to the official CAO form before filing. The official forms are available at
https://courtselfhelp.idaho.gov/Forms/guardianship. Do not file this document directly with the court.

PETITION FOR APPOINTMENT OF GUARDIAN

(Idaho – Probate Court)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Jurisdiction & Venue
4. Parties and Interested Persons
5. Factual Allegations Supporting Guardianship
6. Guardianship Standards & Best-Interest Analysis
7. Bond, Indemnification & Liability Allocation
8. Reporting, Monitoring & Compliance
9. Relief Requested
10. Verification
11. Certificate of Service
12. Proposed Order (Exhibit A)

1. DOCUMENT HEADER

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

In the Matter of:                              )
                                                )
    [WARD FULL LEGAL NAME],                     )   Case No. [___]
    An [☐ Minor  ☐ Incapacitated Person],       )
                                                )   PETITION FOR APPOINTMENT
                  Respondent/Ward.              )   OF GUARDIAN
                                                )

Effective Date of Petition: [DATE]

2. DEFINITIONS

For purposes of this Petition, the following terms have the meanings set forth below. Capitalized terms apply uniformly throughout this document and in any resulting Letters of Guardianship.

“Bond” means the fiduciary surety bond required under Idaho Code § 15-5-412 and further specified in Section 7 of this Petition.

“Court” means the above-captioned Idaho District Court sitting in probate.

“Guardian” means the individual(s) or entity(ies) sought to be appointed herein to exercise the powers and discharge the duties set forth in Idaho Code § 15-5-312.

“Interested Person(s)” has the same meaning as in Idaho Code § 15-1-201(27), including, without limitation, the Ward, Petitioner, proposed Guardian, the Ward’s spouse, children, parents, siblings, presumptive heirs, any person having care or custody of the Ward, and the Idaho Department of Health & Welfare (“IDHW”).

“Petitioner” means the individual(s) filing this Petition and identified in Section 4.2.

“Ward” means the person for whom guardianship is sought.

3. JURISDICTION & VENUE

3.1 Statutory Authority. This Petition is brought pursuant to Idaho Code §§ 15-5-301 through 15-5-317 (guardianship of incapacitated persons and minors) and related provisions.

3.2 Venue. Venue is proper in this Court under Idaho Code § 15-5-307 because the Ward:
 a. Resides in [COUNTY], Idaho; or
 b. Is physically present in [COUNTY], Idaho; or
 c. Owns property in [COUNTY], Idaho (describe: ☐).
[Select as applicable.]

3.3 No Arbitration/Jury Trial. Guardianship proceedings are equitable and statutorily assigned to the probate division; consequently, no arbitration or jury trial is available or requested. See Idaho Code § 15-1-201 et seq.

4. PARTIES AND INTERESTED PERSONS

4.1 Ward.
 a. Full Legal Name: [WARD FULL LEGAL NAME]
 b. Date of Birth: [DOB]
 c. Current Residence: [WARD ADDRESS OR FACILITY]
 d. Status: ☐ Minor ☐ Alleged Incapacitated Adult
 e. Nature of Incapacity (if adult): [BRIEF DESCRIPTION—medical diagnosis, cognitive impairment, etc.]

4.2 Petitioner.
 a. Name: [PETITIONER NAME]
 b. Relationship to Ward: [PARENT/SPOUSE/OTHER]
 c. Address: [PETITIONER ADDRESS]
 d. Phone / Email: [PHONE] / [EMAIL]
 e. Standing: Petitioner qualifies as an Interested Person under Idaho Code § 15-1-201(27).

4.3 Proposed Guardian.
 ☐ Same as Petitioner ☐ Other (complete subsections a-e above for each proposed Guardian).
 [If co-guardians or corporate guardian, provide entity authority and registered agent.]

4.4 Additional Interested Persons.
 List all persons entitled to notice under Idaho Code § 15-5-309, including addresses. Attach Schedule 1 if additional space is necessary.

5. FACTUAL ALLEGATIONS SUPPORTING GUARDIANSHIP

5.1 Incapacity or Minority. The Ward meets the statutory definition of:
 ☐ Minor under Idaho Code § 15-5-102(1); or
 ☐ Incapacitated Person under Idaho Code § 15-5-101(1) due to [DIAGNOSIS/CONDITION].

5.2 Best-Interest Necessity. No less restrictive alternative (e.g., Power of Attorney, Supported Decision-Making Agreement, or limited guardianship) is sufficient to protect the Ward’s personal well-being, health, or property.

5.3 Guardian Qualifications. Proposed Guardian:
 a. Is over 18 years of age and of sound mind;
 b. Has no felony convictions or pending criminal charges involving moral turpitude;
 c. Has completed the Idaho Guardianship/Conservatorship training course (attach certificate as Exhibit B);
 d. Consents to jurisdiction and appointment (Consent attached as Exhibit C).

5.4 Bond & Assets. The Ward’s estate is estimated at $[AMOUNT]. A fiduciary bond in the initial amount of $[BOND AMOUNT—minimum equal to estate value unless Court orders otherwise] is requested pursuant to Idaho Code § 15-5-412 and Section 7 below.

5.5 Reporting Preconditions. Petitioner and proposed Guardian acknowledge ongoing reporting duties under Idaho Code § 15-5-317 & § 15-5-419, including annual status reports and accounting.

5.6 Emergency Circumstances (if applicable). Describe exigent facts supporting issuance of temporary guardianship and/or protective orders under Idaho Code § 15-5-310. [OPTIONAL]

6. GUARDIANSHIP STANDARDS & BEST-INTEREST ANALYSIS

6.1 Scope of Requested Powers. Petitioner seeks:
 a. ☐ Full Guardianship  b. ☐ Limited Guardianship (specify retained rights)

6.2 Least Restrictive Means. The requested guardianship is narrowly tailored to meet the Ward’s functional limitations, consistent with Idaho Code § 15-5-304(2).

6.3 Guardian Duties. Guardian shall:

1. Exercise fiduciary duty of care, loyalty, and prudence;
 2. Encourage the Ward’s maximum self-reliance;
 3. Obtain Court approval where required (e.g., major medical procedures, residence changes);
 4. Maintain proper records for periodic Court review.

6.4 Protective Orders. Petitioner requests authority for the Guardian to seek or enforce protective orders to safeguard the Ward from abuse, neglect, or exploitation pursuant to Idaho Code § 39-6301 et seq.

7. BOND, INDEMNIFICATION & LIABILITY ALLOCATION

7.1 Bond Requirement. In accordance with Idaho Code § 15-5-412 and local court rule, Petitioner proposes a surety bond in the sum of $[BOND AMOUNT] secured through [SURETY COMPANY], renewable annually.

7.2 Liability Cap. The Guardian’s personal liability shall be limited to the penal sum of the Bond, except for acts or omissions constituting gross negligence, fraud, or willful misconduct.

7.3 Indemnification. Guardian shall indemnify and hold harmless the Ward’s estate from any loss proximately caused by Guardian’s breach of fiduciary duty, subject to Bond proceeds and the Court’s continuing oversight.

8. REPORTING, MONITORING & COMPLIANCE

8.1 Initial Plan. Within thirty (30) days of issuance of Letters of Guardianship, Guardian shall file an Initial Guardian Plan pursuant to Idaho Code § 15-5-314.

8.2 Annual Reports. Guardian shall submit:
 a. Personal Status Report (GS-1) every twelve (12) months;
 b. Financial Accounting (if Guardian of Property) on the same schedule;
 c. Proof of ongoing bond coverage.

8.3 Court Review. Guardian shall appear for any review hearings set by the Court and comply with requests from the Court Visitor or IDHW Adult Protection Services.

8.4 Modification & Termination. Guardian shall petition for modification or termination if the Ward regains capacity, reaches majority, or if a less restrictive alternative becomes viable.

9. RELIEF REQUESTED

Petitioner respectfully requests that the Court enter an Order:

1. Finding the Ward is a ☐ minor ☐ incapacitated person under Idaho law;
2. Appointing [PROPOSED GUARDIAN] as ☐ full ☐ limited Guardian, issuing Letters of Guardianship;
3. Setting the Bond at $[BOND AMOUNT] (or waiving bond for good cause shown);
4. Authorizing the Guardian to seek necessary protective orders;
5. Scheduling review and report deadlines as required by statute;
6. Granting such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER NAME], declare under penalty of perjury under the laws of the State of Idaho that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: ____________________ __________________________________
[PETITIONER NAME], Petitioner

State of Idaho )
County of ☐ ) ss.

Subscribed and sworn (or affirmed) before me on this _____ day of __________, 20___, by ____________________________.

_________________________________
Notary Public for Idaho
Residing at: ____________________
My Commission Expires: __________

11. CERTIFICATE OF SERVICE

I certify that on the ___ day of __________, 20___, I served a true and correct copy of the foregoing Petition (with exhibits) on all Interested Persons listed in Section 4.4 by the following method(s):
☐ U.S. Mail ☐ Personal Service ☐ Email (if consented) ☐ Other: ☐.

________________________________
[PETITIONER OR COUNSEL NAME]

12. PROPOSED ORDER (EXHIBIT A)

[ADDITIONAL EXHIBITS – Checklist]

• Exhibit B – Certificate of Completed Guardian Training
• Exhibit C – Guardian’s Consent & Acknowledgment of Duties
• Exhibit D – Medical Certificate / Physician’s Report (if adult ward)
• Exhibit E – Affidavit of Efforts to Locate & Notify Interested Persons (if applicable)

FINAL DRAFTING NOTES

(End of Template)