Idaho Interstate Guardianships and Conservatorships

Part of my Idaho Guardianship & Conservatorship Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho Guardianship & ConservatorshipTopic 8 of 8: Interstate Guardianships

Families often live in more than one state, and adults who need help sometimes move. Idaho has adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, found in chapter 13 of title 15 of the Idaho Code (Idaho Code § 15-13-101). It decides when an Idaho court may appoint a guardian or conservator for an adult (§§ 15-13-202, 15-13-203). It also sets rules for transferring cases between states and registering other states’ orders in Idaho (§§ 15-13-301 to 15-13-403).

The Act deals with adults, meaning individuals who are 18 or older (Idaho Code § 15-13-102(1)). A guardian makes decisions about the adult’s person, and a conservator administers the adult’s property (§ 15-13-102(2)-(3)). A protective proceeding is a court case seeking an order appointing a conservator or another order related to managing an adult’s property (§ 15-13-102(10)-(11)). The respondent is the adult for whom a guardian or protective order is sought (§ 15-13-102(13)).

For purposes of the Act, a “state” includes the states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, a federally recognized Indian tribe, and U.S. territories (Idaho Code § 15-13-102(14)). An Idaho court may treat a foreign country as if it were a state when applying parts 1, 2, 3 and 5 of the Act (§ 15-13-103).

Key Terms: Home State and Significant Connection

The respondent’s home state is the state where the respondent was physically present, including any temporary absence, for at least six consecutive months immediately before the petition was filed (Idaho Code § 15-13-201(1)(b)). If there is no such state, it is the state where the respondent was present for at least six consecutive months ending within the six months before the filing (§ 15-13-201(1)(b)).

A significant-connection state is a state, other than the home state, with which the respondent has a significant connection beyond mere physical presence and in which substantial evidence about the respondent is available (Idaho Code § 15-13-201(1)(c)). To decide whether a significant connection exists, the court shall consider (§ 15-13-201(2)):

• Where the respondent’s family and other persons required to be notified of the proceeding are located (§ 15-13-201(2)(a));
• How long the respondent was physically present in the state and how long any absence lasted (§ 15-13-201(2)(b));
• Where the respondent’s property is located (§ 15-13-201(2)(c)); and
• The respondent’s ties to the state, such as voting registration, state or local tax return filing, vehicle registration, driver’s license, social relationships and receipt of services (§ 15-13-201(2)(d)).

When an Idaho Court Can Appoint a Guardian or Conservator

Part 2 of the Act is the exclusive basis for an Idaho court to appoint a guardian or issue a protective order for an adult (Idaho Code § 15-13-202). An Idaho court has jurisdiction if any of the following applies (§ 15-13-203):

1. Home state. Idaho is the respondent’s home state (§ 15-13-203(1)).
2. Significant connection. On the filing date, Idaho is a significant-connection state, and either the respondent has no home state or the home state court has declined jurisdiction because Idaho is a more appropriate forum (§ 15-13-203(2)(a)). If the respondent has a home state, Idaho may also proceed if no petition is pending in the home state or another significant-connection state and, before the appointment or order, no petition is filed in the home state, no person entitled to notice objects to Idaho’s jurisdiction, and the Idaho court concludes it is an appropriate forum (§ 15-13-203(2)(b)).
3. Other states decline. Idaho does not qualify under the first two grounds, but the home state and all significant-connection states have declined jurisdiction because Idaho is the more appropriate forum, and jurisdiction in Idaho is consistent with the Idaho and U.S. constitutions (§ 15-13-203(3)).
4. Special jurisdiction. The requirements for special jurisdiction, described below, are met (§ 15-13-203(4)).

Special Jurisdiction and Emergencies

Even without jurisdiction under the first three grounds, an Idaho court has special jurisdiction to (Idaho Code § 15-13-204(1)):

• Appoint a guardian in an emergency for up to 90 days for a respondent who is physically present in Idaho (§ 15-13-204(1)(a));
• Issue a protective order for real or tangible personal property located in Idaho (§ 15-13-204(1)(b)); or
• Appoint a guardian or conservator for a person whose case another state has provisionally ordered transferred to Idaho (§ 15-13-204(1)(c)).

An emergency is a circumstance likely to result in substantial harm to the respondent’s health, safety or welfare, including finances, where a guardian is necessary because no other person has authority and is willing to act (Idaho Code § 15-13-201(1)(a)). If Idaho was not the home state when an emergency petition was filed, the Idaho court shall dismiss the case at the request of the home state court, whether the request comes before or after the emergency appointment (§ 15-13-204(2)).

Continuing Jurisdiction

Except for special jurisdiction, a court that has appointed a guardian or issued a protective order consistent with the Act keeps exclusive and continuing jurisdiction until the court terminates the proceeding or the appointment or order expires by its own terms (Idaho Code § 15-13-205).

When an Idaho Court May Decline a Case

An Idaho court with jurisdiction may decline to exercise it at any time if it determines a court of another state is a more appropriate forum (Idaho Code § 15-13-206(1)). If it declines, it shall dismiss or stay the case, and it may impose conditions, such as requiring a petition to be filed promptly in the other state (§ 15-13-206(2)).

In deciding whether it is an appropriate forum, the court shall consider all relevant factors, including (Idaho Code § 15-13-206(3)):

• Any expressed preference of the respondent;
• Whether there is reason to suspect abuse, neglect or exploitation of the respondent, and which state could best protect the respondent;
• How long the respondent was physically present in or a legal resident of Idaho or another state;
• The respondent’s distance from the court in each state;
• The financial circumstances of the respondent’s estate;
• The nature and location of the evidence;
• Each court’s ability to decide the issue expeditiously and the procedures needed to present evidence;
• Each court’s familiarity with the facts and issues; and
• If an appointment was made, the court’s ability to monitor the guardian or conservator.

If an Idaho court determines it acquired jurisdiction because of unjustifiable conduct, the court may decline jurisdiction, act only to fashion a remedy protecting the respondent or the respondent’s property, or continue after considering factors listed in the statute (Idaho Code § 15-13-207(1)). If a party seeking to invoke Idaho’s jurisdiction engaged in that conduct, the court may assess necessary and reasonable expenses against that party, including attorney’s fees, court costs and travel expenses (§ 15-13-207(2)).

Notice and Cases Filed in Two States

If a petition is filed in Idaho and Idaho was not the respondent’s home state on the filing date, notice must also go to the people who would be entitled to notice if the case were filed in the home state (Idaho Code § 15-13-208). That notice must be given in the same manner as Idaho notice (§ 15-13-208).

Special rules apply when petitions are filed in both Idaho and another state and neither has been dismissed or withdrawn, except for emergency guardianship petitions and protective orders limited to Idaho property under special jurisdiction (Idaho Code § 15-13-209). If Idaho has jurisdiction under § 15-13-203, it may proceed unless the other state acquires jurisdiction under similar provisions before the appointment or order (§ 15-13-209(1)). If Idaho lacks jurisdiction, it shall stay the case and communicate with the other court, and it shall dismiss the petition if the other court has jurisdiction, unless that court determines Idaho is a more appropriate forum (§ 15-13-209(2)).

How Courts in Different States Work Together

An Idaho court may communicate with a court in another state about a case under the Act, and may allow the parties to participate (Idaho Code § 15-13-104(1)). Except for administrative matters such as schedules and calendars, the court shall make a record of the communication, which may be limited to the fact that it occurred (§ 15-13-104(1)-(2)).

An Idaho court may ask a court of another state to hold a hearing, order evidence or testimony, order an evaluation of the respondent, order an investigation, forward records, assure a person’s appearance, or authorize release of medical, financial, criminal or other information (Idaho Code § 15-13-105(1)). When another state’s court asks for such help, an Idaho court has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply (§ 15-13-105(2)).

Testimony of a witness in another state may be offered by deposition or other means allowable in Idaho, and the court may permit testimony by telephone, audio-visual or other electronic means (Idaho Code § 15-13-106(1)-(2)). Documents transmitted from another state by technological means that do not produce an original writing may not be excluded from evidence on a best evidence rule objection (§ 15-13-106(3)).

Transferring a Case Out of Idaho

A guardian or conservator appointed in Idaho may petition the court to transfer the case to another state (Idaho Code § 15-13-301(1)). Notice must go to the persons who would be entitled to notice of a petition in Idaho to appoint a guardian or conservator (§ 15-13-301(2)). The court shall hold a hearing on its own motion or at the request of the guardian or conservator, the incapacitated or protected person, or another person required to be notified (§ 15-13-301(3)).

The court shall issue a provisional order granting the transfer, and direct the guardian or conservator to petition in the other state, if it is satisfied the other state’s court will accept the case and it makes these findings (Idaho Code § 15-13-301(4)-(5)):

Guardianship transfer	Conservatorship transfer
The incapacitated person is physically present in, or reasonably expected to move permanently to, the other state (Idaho Code § 15-13-301(4)(a))	The protected person is physically present in, or reasonably expected to move permanently to, the other state, or has a significant connection to it (§ 15-13-301(5)(a))
No objection was made, or the objector did not show the transfer would be contrary to the incapacitated person’s interests (§ 15-13-301(4)(b))	No objection was made, or the objector did not show the transfer would be contrary to the protected person’s interests (§ 15-13-301(5)(b))
Plans for care and services in the other state are reasonable and sufficient (§ 15-13-301(4)(c))	Adequate arrangements will be made for management of the protected person’s property (§ 15-13-301(5)(c))

The Idaho court shall issue a final order confirming the transfer and terminating the Idaho case once it receives the other court’s provisional order accepting the case and the documents Idaho requires to terminate a guardianship or conservatorship (Idaho Code § 15-13-301(6)).

Transferring a Case Into Idaho

To confirm a transfer to Idaho, the guardian or conservator must petition the Idaho court to accept the case and include a certified copy of the other state’s provisional order of transfer (Idaho Code § 15-13-302(1)). Notice must go to those who would be entitled to notice of an original petition in both the transferring state and Idaho, given in the same manner as Idaho notice (§ 15-13-302(2)). The court shall hold a hearing on its own motion or at the request of the guardian or conservator, the incapacitated or protected person, or another person required to be notified (§ 15-13-302(3)).

The court shall provisionally grant the petition unless an objector shows the transfer would be contrary to the person’s interests, or the guardian or conservator is ineligible for appointment in Idaho (Idaho Code § 15-13-302(4)). It shall issue a final order accepting the case and appointing the guardian or conservator in Idaho when it receives the other court’s final transfer order (§ 15-13-302(5)).

Not later than 90 days after the final order accepting the transfer, the court shall determine whether the guardianship or conservatorship needs to be modified to conform to Idaho law (Idaho Code § 15-13-302(6)). In granting the petition, the court shall recognize the other state’s order, including its determination of incapacity and its appointment of the guardian or conservator (§ 15-13-302(7)).

If the Idaho court denies the petition, the guardian or conservator may still seek appointment under chapter 5 of title 15, if the court has jurisdiction other than by reason of the provisional transfer order (Idaho Code § 15-13-302(8)). Those procedures are explained on our pages on guardianship of adults and conservatorship.

Registering an Out-of-State Order in Idaho

A guardian or conservator appointed elsewhere may be able to act in Idaho without transferring the case. If no petition for a guardian is pending in Idaho, a guardian appointed in another state may register the guardianship order, after notifying the appointing court of the intent to register (Idaho Code § 15-13-401). Registration is done by filing certified copies of the order and letters of office as a foreign judgment in a court in any appropriate Idaho county (§ 15-13-401).

A conservator appointed in another state may register a protective order the same way if no protective order petition is pending in Idaho (Idaho Code § 15-13-402). The filing must be in a county where the protected person’s property is located and include certified copies of the order, the letters of office and any bond (§ 15-13-402).

Once registered, the guardian or conservator may exercise in Idaho all powers in the order of appointment, except as prohibited by Idaho law, including bringing actions in Idaho (Idaho Code § 15-13-403(1)). A nonresident guardian or conservator is subject to any conditions imposed on nonresident parties (§ 15-13-403(1)). An Idaho court may grant any relief available under the Act and other Idaho law to enforce a registered order (§ 15-13-403(2)).

Which Cases the Act Covers

The Act applies to guardianship and protective proceedings begun on or after July 1, 2011 (Idaho Code § 15-13-504(1)). Parts 1, 3 and 4, and §§ 15-13-501 and 15-13-502, also apply to proceedings begun before July 1, 2011, whether or not an order has been issued (§ 15-13-504(2)).

A guardian’s and conservator’s ongoing duties are covered on our pages on guardian duties and powers and conservator duties and powers.

How I Can Help

When a guardianship or conservatorship involves Idaho and another state, I can review whether an Idaho court has jurisdiction, help register an out-of-state order in Idaho, and guide guardians and conservators through transferring a case into or out of Idaho. Request a consultation to discuss your situation.

This page provides general information about Idaho guardianship, conservatorship and powers of attorney, based on the Idaho Code, and is not legal advice. Court rules and case law also affect these matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.