2016 Idaho Statutes
Title 15 - UNIFORM PROBATE CODE
Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 3 - GUARDIANS OF INCAPACITATED PERSONS
Section 15-5-310 - TEMPORARY GUARDIANS.

15-5-310. Temporary guardians. (a) If the court finds that a guardian is not properly performing the duties of guardian or an emergency exists such that the likely result will be substantial harm to an alleged incapacitated person's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the alleged incapacitated person's welfare, may appoint an emergency guardian whose authority may not exceed ninety (90) days, unless extended for good cause upon application of the temporary guardian. The emergency guardianship must be limited to only those powers absolutely necessary, or the least restrictive to the proposed ward, for the immediate health and safety of the proposed ward until such time as a full hearing may be held in the matter and the emergency guardian may exercise only those powers specified in the order. Emergency letters of guardianship shall allow the temporary guardian only such access to the proposed ward's assets as is necessary to provide and pay for the proposed ward's necessities of life, including short and long-term health care, but shall expressly deny a temporary guardian the right to have the temporary guardian's name added to any assets of the proposed ward pending a hearing on the guardianship.

(b) The court shall appoint a guardian ad litem to represent the proposed ward in all cases involving a petition for adjudication of incapacity. The alleged incapacitated person may substitute his own attorney for the guardian ad litem appointed by the court. Any attorney representing an alleged incapacitated person may not serve as guardian of the proposed ward or as counsel for the petitioner for guardianship.

(c) An emergency guardian may be appointed without notice to the alleged incapacitated person or his attorney only if the court finds from affidavit or other sworn testimony that the proposed ward will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian without notice to the proposed ward, the proposed ward must be given notice of the appointment within forty-eight (48) hours after the appointment. The court shall hold a hearing on the appropriateness of the appointment within five (5) days after the appointment if requested by an interested party at which time the court shall appoint a visitor to meet with the alleged incapacitated person and make a written report to the court. The court shall also appoint a physician to examine the proposed ward giving preference to the appointment of the proposed ward's treating physician if the proposed ward has a current treating physician.

History:

[15-5-310, added 1971, ch. 111, sec. 1, p. 233; am. 1982, ch. 285, sec. 6, p. 725; am. 1999, ch. 128, sec. 3, p. 372; am. 2005, ch. 52, sec. 1, p. 189.]