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Petitions for guardianship should be filed with the magistrate court in the county where the minor child lives. WHAT IS THE COURT PROCESS TO APPOINT A GUARDIAN? First, a petition and supporting documents must be filed with the magistrate court.

A guardian's rights and responsibilities are much like those of a parent for a child. A guardian is appointed by the court to make decisions for the ward including basic care, residence, maintenance (i.e. doctor appointments), and responsibilities for personal effects such as clothing, furniture, and vehicles.

A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor.

Those seeking to transfer a guardianship to Idaho from a different state should follow Idaho Code § 15-13-302. For these situations, the guardian must first obtain a provisional order of transfer from the original state.

(1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the protected person, and to have all of the rights of the protected person, whether conferred by statute, rule of court, or otherwise.

(a) The court may appoint a temporary guardian if it finds: (i) Substantial evidence that the previously appointed guardian is not performing the guardian's duties; and. (ii) The appointment of a temporary guardian is necessary to protect the minor's health, safety or welfare.