Idaho Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs

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US-00975BG
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The appointment of a guardian or conservator is generally a judicial function, brought about by following the procedure set forth in the statutory law of the particular jurisdiction. This form is a generic example that may be referred to when preparing such a form for your particular state.

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FAQ

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.

The pros are that a conservatorship provides the greatest flexibility in being able to manage the changing needs of the subject person, arranging long term care, housing and being able to contract with providers as needed. As for the cons, conservatorships are time-consuming and expensive.

A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.

To become a child's guardian, you have to show a judge that you are qualified to be the child's guardian and that a guardianship is in the best interest of the child. You also have to show the court that the child's parents have abused, neglected or abandoned the child or cannot provide a stable home environment.

Understanding Guardianship vs. Conservatorship Idaho Stat. § 15-5-201 says that a guardian is appointed by acceptance of a testamentary appointment or by the court. Conservatorship grants a third party responsibility over the finances of a minor or an incapacitated person.

(1) A guardianship terminates upon the death of the ward or upon order of the court. (2) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian.

Obtaining guardianship and conservatorship over an individual requires the commencement of a court action. The person seeking appointment as guardian or conservator must file an application for appointment with the court then go through the necessary procedural steps prior to appointment.

Guardians have the same powers and responsibilities as a child's parent except they are not legally obligated to provide for the minor from their own funds. A guardian must take reasonable care of the minor's personal effects.

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Idaho Petition for Appointment of Conservator or Legal Guardian of Person and Estate of Adult who Physical or Mental Infirmity or Age, is Unable to Handle Affairs