Conservatorship in Idaho

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 4 of 8: Conservatorship

A conservator is appointed by an Idaho court to manage the estate and affairs of another person (Idaho Code § 15-5-401). The court case that leads to this appointment is called a protective proceeding: a proceeding to decide that a person cannot effectively manage or apply his or her estate to necessary ends, because the person lacks the ability, is otherwise inconvenienced, or is a minor, and to secure administration of the estate by a conservator or other relief (Idaho Code § 15-5-101(b)). The person for whom a conservator is appointed, or another protective order is made, is called the protected person (Idaho Code § 15-5-101(c)).

A conservatorship is different from a guardianship, which concerns the person rather than the property (Idaho Code § 15-5-312(1)). A guardian may start proceedings to appoint a conservator but may never exercise a conservator’s powers (Idaho Code § 15-5-312(1)(d)). When guardianship and protective proceedings for the same person are pending in the same court, the proceedings may be combined (Idaho Code § 15-5-102).

When the Court May Appoint a Conservator

After a petition, notice and a hearing, the court may appoint a conservator or make another protective order for cause (Idaho Code § 15-5-401). The grounds differ for minors and for other persons.

For a Minor

The court may act for a minor if it determines any of the following (Idaho Code § 15-5-401(a)):

• The minor owns money or property that requires management or protection which cannot otherwise be provided;
• The minor has or may have business affairs that may be jeopardized or prevented by his or her minority; or
• Funds are needed for the minor’s support and education, and protection is necessary or desirable to obtain or provide funds.

For Any Other Person

For other persons, the court must determine two things (Idaho Code § 15-5-401(b)). First, the person is unable to manage his or her property and affairs effectively for reasons such as mental illness, mental disability, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance (§ 15-5-401(b)).

Second, the person has property that will be wasted or dissipated unless proper management is provided, or funds are needed for the support, care and welfare of the person or those entitled to be supported by him or her, and protection is necessary or desirable to obtain or provide funds (Idaho Code § 15-5-401(b)).

The Least Restrictive Approach

The court must use its authority to encourage the development of maximum self-reliance and independence of the protected person (Idaho Code § 15-5-408(a)). It makes protective orders only to the extent the person’s actual mental and adaptive limitations and other conditions require (§ 15-5-408(a)).

Once a basis for protection is established, the court may, without appointing a conservator, authorize, direct or ratify a transaction needed to achieve a security, service, or care arrangement meeting the protected person’s foreseeable needs (Idaho Code § 15-5-409(a)). Examples in the statute include payment or deposit of funds, sale, mortgage or lease of property, an annuity, a contract for life care, a contract for training and education, or adding to or setting up a suitable trust (§ 15-5-409(a)). The court may also approve any contract, trust or other transaction involving the person’s finances or estate if it is in the protected person’s best interests (§ 15-5-409(b)).

Before approving such an arrangement, the court must consider the interests of the protected person’s creditors and dependents and whether the person needs the continuing protection of a conservator (Idaho Code § 15-5-409(c)). The court may appoint a special conservator to help carry out the arrangement, who serves until discharged by order after reporting to the court (§ 15-5-409(c)). The court may also, in its discretion, order a special needs trust as provided in Title 68, Chapter 14 of the Idaho Code (§ 15-5-409(d)); that chapter is not covered here.

The court may also appoint a conservator over only part of the protected person’s property, which creates a limited conservatorship (Idaho Code § 15-5-420(a)).

Starting the Case: The Petition

A petition may be filed by the person to be protected, anyone interested in his or her estate, affairs or welfare (including a parent, guardian, or custodian), or anyone who would be adversely affected by lack of effective management of the person’s property and affairs (Idaho Code § 15-5-404(a)).

To the extent known, the petition must state (Idaho Code § 15-5-404(b)):

• The petitioner’s interest;
• The name, age, residence and address of the person to be protected;
• The name and address of any guardian, and of the nearest relative known to the petitioner;
• A general statement of the person’s property with an estimated value, including any compensation, insurance, pension or allowance to which the person is entitled;
• Why a conservator or other protective order is necessary; and
• If a conservator is requested, the name and address of the proposed conservator and the basis of his or her priority for appointment.

The petition must also include a financial plan for the conservator’s proposed actions, to the extent reasonably known when the petition is filed (Idaho Code § 15-5-404(c)). If the full finances are not reasonably known, or the petitioner is not the proposed conservator, the conservator must submit a complete financial plan as part of the ninety (90) day inventory (§ 15-5-404(c)).

Where to File

Venue (the proper place to file) is where the person to be protected resides in Idaho, whether or not a guardian has been appointed elsewhere (Idaho Code § 15-5-403(a)). If the person does not reside in Idaho, venue is in any place where he or she has property (§ 15-5-403(b)).

After notice is served and until the case ends, the court where the petition is filed has exclusive jurisdiction to determine the need for a conservator and how the protected person’s estate that is subject to Idaho law is managed, spent or distributed (Idaho Code § 15-5-402(a)-(b)). It shares jurisdiction over the validity of claims against the protected person or the estate and title to property (§ 15-5-402(c)).

Notice

Notice of a conservatorship petition is given as provided for guardianship proceedings in Idaho Code § 15-5-309 (Idaho Code § 15-5-405). That list includes the person, his or her spouse (or, if none, adult children, or if none, parents), anyone serving as guardian or conservator or having care and custody, and anyone who has filed a request for notice (§ 15-5-309(1)). If no one is notified under the first category, at least one of the closest adult relatives, if any can be found, must be notified (§ 15-5-309(1)(c)).

Anyone who wants notice of orders or filings in a protective proceeding may file a request for notice stating his or her name, the name of the alleged disabled person, the nature of his or her interest, and an address (Idaho Code § 15-5-406). A request is effective only as to matters occurring after it is filed (§ 15-5-406).

The Hearing

Minors. The court must set a hearing date (Idaho Code § 15-5-407(a)).

If at any time the court determines the minor’s interests are or may be inadequately represented, it must appoint an attorney for the minor, considering the minor’s choice if he or she is fourteen (14) or older (Idaho Code § 15-5-407(a)). That attorney has the powers and duties of a guardian ad litem (§ 15-5-407(a)).

Other persons. The court must set a hearing date (Idaho Code § 15-5-407(b)). Unless the person has counsel of his or her own choice, the court may appoint a lawyer who has the powers and duties of a guardian ad litem (§ 15-5-407(b)).

If the alleged disability is mental illness, mental disability, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may order an examination by a physician it designates (Idaho Code § 15-5-407(b)). The court may also send a visitor to interview the person, and the visitor may be a guardian ad litem or an officer or employee of the court (§ 15-5-407(b)).

A guardian ad litem must, among other duties, investigate the protected person’s circumstances, deliver a written report to the court and all parties at least five (5) days before the adjudicatory hearing, and advocate for the protected person (Idaho Code § 15-5-434). After the hearing, if the court finds a basis for appointment or another protective order, it shall make an appointment or other appropriate order (Idaho Code § 15-5-407(c)).

Emergencies: Temporary Conservators

The court may appoint a temporary conservator on an ex parte petition (one heard without the other side), without a hearing, if a statement under oath supports a finding that an emergency exists (Idaho Code § 15-5-407A(a)). The appointment lasts no longer than ninety (90) days unless extended for good cause on the temporary conservator’s application (§ 15-5-407A(a)). The petition must be accompanied by a petition for appointment of a conservator (§ 15-5-407A(e)).

Any one of these is an emergency (Idaho Code § 15-5-407A(b)):

• The person cannot reasonably manage his or her finances, and assets will be wasted or dissipated unless proper management is provided without delay;
• The person has been taken advantage of, and that is likely to continue unless a temporary appointment is made without delay;
• Funds are needed for the person’s support, care and welfare, and a temporary appointment is necessary to secure them; or
• Other conditions exist that, in the court’s determination, require a temporary conservator.

A temporary conservator’s duty is to preserve and protect the estate’s assets and provide funding needed for the person’s support, care and welfare (Idaho Code § 15-5-407A(c)). A temporary conservator may not remove estate assets from the court’s jurisdiction without a specific order (§ 15-5-407A(d)). If the person is a minor, the court shall appoint a guardian ad litem at the same time (§ 15-5-407A(f)).

The petitioner must give notice of the temporary appointment to all interested persons within seventy-two (72) hours (Idaho Code § 15-5-407A(h)). If an interested party requests it, the court shall hold a hearing on the appropriateness of the appointment within fourteen (14) days (§ 15-5-407A(i)).

What the Court Can Order

While a petition is pending, after a preliminary hearing and without notice to others, the court may preserve and apply the person’s property as required for his or her benefit or that of dependents (Idaho Code § 15-5-408(b)(1)). For a minor without other disability, the court has all powers over the minor’s estate and affairs that are or might be necessary for the best interests of the minor, the family and household members (§ 15-5-408(b)(2)).

For other persons, the court has all the powers over the estate and affairs that the person could exercise if present and not under disability, except the power to make a will (Idaho Code § 15-5-408(b)(3)). Some powers, such as making gifts exceeding twenty percent (20%) of any year’s estate income or changing insurance and annuity beneficiaries, may be used only after notice and hearing, and only if the court finds it is in the person’s best interests and the person either cannot consent or has consented (§ 15-5-408(b)(4)).

An order finding a basis for a conservator or other protective order has no effect on the capacity of the protected person (Idaho Code § 15-5-408(b)(5)).

Who May Serve as Conservator

The court may appoint an individual, or a corporation with general power to serve as trustee (Idaho Code § 15-5-410(1)). The following are entitled to consideration in this order (§ 15-5-410(1)):

Priority	Who
1	A person nominated by the protected person, if he or she is 14 or older and, in the court’s opinion, has sufficient mental capacity to make an intelligent choice
2	The person nominated as conservator in the protected person’s financial power of attorney or, if none is nominated, the agent named in it
3	The spouse
4	An adult child
5	A conservator, guardian of property or similar fiduciary (not one serving only as a trustee) appointed or recognized by a court of another jurisdiction where the protected person resides
6	A parent, or a person nominated by the will of a deceased parent
7	A relative with whom the protected person has lived for more than six (6) months before the petition was filed
8	A person nominated by whoever is caring for the protected person or paying benefits to him or her

If several people are nominated in a financial power of attorney in order of priority, the court shall consider them in that order, and if more than one financial power of attorney exists, the court decides which one to use (Idaho Code § 15-5-410(1)(b)). A person in priorities 3 through 7 above may nominate someone in writing to serve instead (§ 15-5-410(2)). Among equal priorities, the court selects the best qualified of those willing to serve, and it may pass over a person with priority for good cause (§ 15-5-410(2)).

No convicted felon may be appointed conservator unless the court finds by clear and convincing evidence that the appointment is in the protected person’s best interests (Idaho Code § 15-5-410(3)).

Bond

The court may require a conservator to furnish a bond, conditioned on faithful performance of all duties according to law, with sureties the court specifies (Idaho Code § 15-5-411). Unless otherwise directed, the bond equals the total capital value of estate property in the conservator’s control plus one (1) year’s estimated income (§ 15-5-411). Securities deposited under arrangements requiring a court order to remove them, and land the conservator cannot sell without court authorization, are subtracted (§ 15-5-411).

Instead of sureties, the court may accept other security, including a pledge of securities or a mortgage of land (Idaho Code § 15-5-411). Unless the bond says otherwise, sureties are jointly and severally liable with the conservator and each other (Idaho Code § 15-5-412(a)(1)). The bond is not void after the first recovery and may be pursued until the whole amount is exhausted (§ 15-5-412(a)(4)).

Any person interested in the protected person’s welfare may later petition the court to require a bond, additional bond, or to reduce the bond (Idaho Code § 15-5-416(a)).

After Appointment

By accepting appointment, a conservator submits personally to the court’s jurisdiction in any proceeding relating to the estate brought by any interested person (Idaho Code § 15-5-413). A conservator, special conservator, visitor, guardian ad litem, or physician appointed in the case is entitled to reasonable compensation from the estate if not otherwise paid (Idaho Code § 15-5-414). Anyone who brings or defends a conservatorship proceeding in good faith, whether successful or not, is entitled to necessary expenses, including reasonable attorney’s fees, from the estate (§ 15-5-414).

The conservator’s ongoing duties, reports, and powers are explained in Conservator Duties and Powers in Idaho.

Extending a Minor’s Conservatorship to Age 21

If the appointing order, or a supplemental order entered before the minor turns eighteen (18), so states, the conservator for a minor acts until the protected person reaches twenty-one (21) (Idaho Code § 15-5-433). Whether to extend is within the court’s discretion (§ 15-5-433). The court may set special terms for the period from 18 to 21 (§ 15-5-433(a)).

After turning 18, the protected person may petition to end or modify the conservatorship early, based on his or her ability to manage financial affairs (Idaho Code § 15-5-433(b)). Evidence may include financial management, budgets, employment history, educational history, criminal history and other relevant evidence (§ 15-5-433(b)). The protected person must show this ability by clear and convincing evidence (§ 15-5-433(c)).

For a guardian of the person, see Guardianship of Adults in Idaho or Guardianship of Minors in Idaho. The full overview starts at Idaho Guardianship & Conservatorship.

How I Can Help

I help families decide whether a conservatorship or a more limited protective arrangement fits their situation, prepare the petition and financial plan, and guide proposed conservators through notice, the hearing, and bond requirements. I also represent people who want to object to a proposed conservatorship or ask the court for a different arrangement. 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.