Idaho Guardianship & Conservatorship

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)

Idaho law provides two main court tools to protect people who cannot fully care for themselves or their property. A guardian is appointed for a minor or an incapacitated person, and a conservator is appointed by a court to manage the estate of a protected person (Idaho Code § 15-1-201(7), (21)). These cases are heard in the district court (Idaho Code § 15-1-201(8)).

Most of the rules are in Idaho Code Title 15, Chapter 5, “Protection of Persons Under Disability and Their Property.” This overview also covers Idaho’s Uniform Power of Attorney Act (Chapter 12) and its interstate adult guardianship law (Chapter 13).

Key Idaho Terms

Idaho uses specific words for the people involved. Knowing them makes the rest of this overview easier to follow.

Term	Meaning under the Idaho Code
Guardian	A person who has qualified as guardian of a minor or incapacitated person by will or court appointment, including a limited guardian, but not someone who is merely a guardian ad litem (§ 15-1-201(21))
Conservator	A person appointed by a court to manage the estate of a protected person, including a limited conservator (§ 15-1-201(7))
Ward	A person for whom a guardian has been appointed; a “minor ward” is a minor who has a guardian solely because of minority (§ 15-5-101(d))
Protected person	A minor or other person for whom a conservator has been appointed or other protective order made (§ 15-5-101(c))
Incapacitated person	A person impaired, other than by minority, to the extent he or she lacks sufficient understanding or capacity to make or communicate responsible decisions about his or her person (§ 15-5-101(a))
Protective proceeding	A proceeding under § 15-5-401 to determine that a person cannot effectively manage or apply his or her estate to necessary ends, and to secure management by a conservator or other relief (§ 15-5-101(b))
Minor	A person under eighteen (18) years of age (§ 15-1-201(29))
Letters	The court’s document showing appointment, including letters of guardianship and letters of conservatorship (§ 15-1-201(28))

Guardian or Conservator?

A guardian makes decisions about the person. A guardian of an incapacitated person has the powers and responsibilities of a parent of an unemancipated minor child, but does not have to support the ward from the guardian’s own funds (Idaho Code § 15-5-312(1)). A guardian of a minor has similar parent-like powers and responsibilities (Idaho Code § 15-5-209).

A conservator manages money and property. The court may appoint a conservator for a minor who owns money or property needing management or protection that cannot otherwise be provided, among other grounds (Idaho Code § 15-5-401(a)). For an adult, the court must find the person unable to manage his or her property and affairs effectively, and that the property will be wasted or dissipated without proper management or that funds are needed for support, care and welfare (§ 15-5-401(b)).

A guardian of an incapacitated person may never exercise any of the powers of a conservator, but may start proceedings to appoint one if none has been appointed (§ 15-5-312(1)(d)). When guardianship and protective proceedings for the same person are pending in the same court, they may be consolidated (Idaho Code § 15-5-102).

Guardianship of Minors and Adults

A person becomes a guardian of a minor by accepting an appointment in a parent’s will or by court appointment (Idaho Code § 15-5-201). The court may appoint a guardian for an unmarried minor if parental rights of custody have been terminated, or upon a finding that the child has been neglected, abused, or abandoned or that the parents are unable to provide a stable home environment (Idaho Code § 15-5-204(1)). See Idaho Guardianship of Minors.

For adults, “incapacity” is a legal, not a medical, disability measured by function limitations (Idaho Code § 15-5-101(a)(1)). The court must encourage maximum self-reliance and independence and make orders only to the extent the person’s actual limitations require (Idaho Code § 15-5-304(a)). See Idaho Guardianship of Adults.

Chapter 5’s definition of “incapacitated person” does not include a developmentally disabled person as defined in Idaho Code § 66-402(5) (§ 15-5-101(a)). Guardianship of developmentally disabled persons is governed by Title 66, Chapter 4 (see § 15-5-301(e)), which this overview does not cover.

Options That May Avoid or Narrow a Guardianship

A parent or guardian may delegate powers over a minor’s or ward’s care, custody, or property to another person by a properly executed power of attorney, generally for up to six (6) months, or up to twelve (12) months for military personnel serving outside the United States; a delegation for a minor to a grandparent, a sibling, or a parent’s sibling can last longer (Idaho Code § 15-5-104). The power to consent to marriage or adoption cannot be delegated (§ 15-5-104).

In an adult case, a guardian ad litem’s duties include determining whether existing powers, trusts, or other measures may adequately give the ward the protection a guardian would provide, or could reasonably be created, and if so, recommending no guardianship or only a suitably limited one (Idaho Code § 15-5-315(8)). The court may also create a limited guardianship by limiting the guardian’s powers (Idaho Code § 15-5-304(d)). A health care agent named in a durable power of attorney for health care has priority for appointment as guardian, right after the person the incapacitated person prefers (Idaho Code § 15-5-311(3)).

Idaho’s Uniform Power of Attorney Act is covered on Idaho Powers of Attorney (Idaho Code § 15-12-101).

Key Idaho Guardianship Deadlines and Numbers at a Glance

Rule	Time or number	Source
Age at which a minor may petition, nominate a guardian, and object to a will-named guardian	Fourteen (14)	§§ 15-5-203, 15-5-206, 15-5-207(1)
Will-named guardian of a minor fails to accept after the will is probated; alternate takes over	Thirty (30) days	§ 15-5-202
Minor’s objection after notice of acceptance	Within thirty (30) days	§ 15-5-203
Hearing on temporary guardianship or petition for a minor	Within ninety (90) days of filing	§ 15-5-207(5)(c)
Temporary guardian of a minor	Six (6) months, with one extension of up to six (6) months for good cause	§ 15-5-207(5)(d)
Notice after a temporary guardian is appointed (for an adult, when appointed without notice)	Within seventy-two (72) hours	§§ 15-5-207(5)(c), 15-5-310(c)(2)
Hearing after a request on a temporary appointment	Within fourteen (14) days	§§ 15-5-207(5)(c), 15-5-310(c)(2)
Temporary guardian of an incapacitated person	Ninety (90) days unless extended for good cause	§ 15-5-310(c)(3)
Material evidence of inability (guardianship or conservatorship)	Within twelve (12) months before the petition	§ 15-5-101(a)(2)
Guardian’s plan, when not in the petition	Within thirty (30) days after appointment	§ 15-5-303(a)
Guardian ad litem’s report in an adult case	At least five (5) days before the adjudicatory hearing	§ 15-5-315(2)
Period that may bar a petition claiming the ward is no longer incapacitated, without special leave	Not more than one (1) year	§ 15-5-307(b)
Guardian’s report to the court	At least annually	§§ 15-5-209(4), 15-5-312(1)(e)
General notice of hearing by mail or personal delivery	At least fourteen (14) days before the hearing	§ 15-1-401(a)

Topics in This Overview

• Guardianship of Minors: will-based and court appointments, the child’s rights at age 14, temporary guardians, and ending a guardianship.
• Guardianship of Adults: what incapacity means, the petition, visitor and examiner, the hearing, priorities, and temporary guardians.
• Guardian Duties and Powers: what a guardian may and must do, annual reports, removal, and termination.
• Conservatorship: protective proceedings, appointing a conservator, and bonds.
• Conservator Duties and Powers: managing the estate, inventories, accountings, and ending a conservatorship.
• Community Guardian Boards: boards a county may create for people who need a guardian and have no qualified and willing person to act.
• Powers of Attorney: Idaho’s Uniform Power of Attorney Act.
• Interstate Guardianships: which state’s court handles an adult guardianship or protective proceeding.

A board of county commissioners that finds a need for a guardian for people who have no qualified and willing person or corporation to act may create a board of community guardian (Idaho Code § 15-5-601(a)). Idaho has also adopted the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act” (Idaho Code § 15-13-101) and the “Uniform Power of Attorney Act” (Idaho Code § 15-12-101).

Related overviews: Idaho Wills & Probate, Idaho Trusts, and Idaho Family Law.

How I Can Help

I help Idaho families work through guardianship and conservatorship matters, from deciding whether a court case is needed to filing petitions, giving notice, and representing clients at hearings. I also help with the planning documents, such as wills and powers of attorney, that can shape who serves if a guardian is ever needed. 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.