2005 Idaho Code - 68-1403 — DISPOSITION OF BALANCE

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 14
                     COURT APPROVED PAYMENTS OR AWARDS TO
                        MINORS OR INCOMPETENT PERSONS
    68-1403.  DISPOSITION OF BALANCE. (1) If there is no guardianship or
conservatorship of the estate of the minor or incompetent person, the balance
of the money or property, after payment of all expenses approved by the court
pursuant to this chapter, shall be paid, delivered or deposited in the manner
the court determines in its discretion is in the best interest of the minor or
incompetent person, including the creation of a special needs trust.
    (2)  Except as provided in this section, if there is a guardianship or
conservatorship of the estate of the minor or incompetent person, the balance
of the money or property remaining after payment of expenses approved by the
court pursuant to this chapter shall be paid or delivered to the guardian or
conservator of the estate.
    (3)  Upon an ex parte petition filed by the guardian, conservator or any
person interested in the guardianship or conservatorship estate, the court
making an order or awarding judgment pursuant to this chapter may for good
cause shown, order either or both of the following:
    (a)  That, after payment of expenses, all or part of the balance of money
    or property shall not become part of the guardianship or conservatorship
    estate and instead shall be deposited in an insured account in a financial
    institution in Idaho, or in a single premium deferred annuity, subject to
    withdrawal only when authorized by the court.
    (b)  If there exists a guardianship of the estate of the minor, the court
    may order that, after payment of expenses, all or part of the balance of
    money or property not become part of the guardianship estate and instead
    be transferred to a custodian for the benefit of the minor under the Idaho
    uniform transfers to minors act, chapter 8, title 68, Idaho Code.
    (4)  Upon a petition by the guardian, conservator, or any person
interested in the guardianship or conservatorship estate, the court making an
order or awarding judgment pursuant to this chapter may order that, after
payment of expenses, all or part of the balance of money or property not
become part of the guardianship or conservatorship estate and instead be paid
to a special needs trust.
    (5)  Notice of the time and place of hearing on a petition filed pursuant
to this section, and a copy of the petition, shall be mailed to the director
of the Idaho department of health and welfare at least fifteen (15) days
before the hearing.