2005 Idaho Code - 66-355 — APPOINTMENT OF GUARDIAN -- INCOMPETENCY OF MENTALLY ILL PERSON REQUIRES SEPARATE PROCEEDINGS -- LIABILITY FOR CARE AND TREATMENT COSTS

                                  TITLE  66
                        STATE CHARITABLE INSTITUTIONS
                                  CHAPTER 3
                       HOSPITALIZATION OF MENTALLY ILL
    66-355.  APPOINTMENT OF GUARDIAN -- INCOMPETENCY OF MENTALLY ILL PERSON
REQUIRES SEPARATE PROCEEDINGS -- LIABILITY FOR CARE AND TREATMENT COSTS. The
incompetency of a mentally ill person shall be determined in the same manner
that incompetency is determined in any other person and shall be a separate
judicial proceeding. Any guardian appointed in the case of a mentally ill
incompetent person, is subject to all the provisions of the general laws of
the state of Idaho in relation to guardians and wards. Whenever a mentally ill
person is receiving care and treatment in a facility in the event that
incompetency is adjudicated and a guardian appointed, the court on determining
the incompetency must inquire into the ability of the mentally ill person to
pay for his or her expenses which arise in connection with his or her care and
treatment, if any, transportation to the facility, court costs for
incompetency proceedings, and for the care and treatment for such person for
such time as he remains in such facility, and when there are sufficient assets
in the hands of the guardian, the court may order a sale of property or such
part thereof as may be necessary, and from the proceeds of such sale the
guardian must pay for all expenses and reasonable charges for the patient's
care and treatment, or such part as it is possible to pay, to the director of
the facility in which said mentally ill person is a patient.