Idaho Guardianship of Adults

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 2 of 8: Guardianship of Adults

When an adult can no longer make or communicate responsible decisions about his or her own care, an Idaho court may appoint a guardian for that person (Idaho Code §§ 15-5-101(a), 15-5-304(b)). The Idaho Code calls such a person an “incapacitated person,” and once a guardian is appointed, the person is called a “ward” (Idaho Code § 15-5-101(a), (d)). The rules are in Part 3 of Idaho Code Title 15, Chapter 5.

Managing money and property is the job of a conservator, not a guardian (Idaho Code § 15-1-201(7); § 15-5-312(1)(d)).

What “Incapacitated” Means in Idaho

An “incapacitated person” is someone who is impaired, other than by being a minor, to the extent that he or she lacks sufficient understanding or capacity to make or communicate responsible decisions about his or her person (Idaho Code § 15-5-101(a)). “Incapacity” is a legal, not a medical, disability measured by function limitations (§ 15-5-101(a)(1)). It refers to a person who has suffered, is suffering, or is likely to suffer substantial harm because of an inability to provide for personal needs for food, clothing, shelter, health care, or safety, or to manage property or financial affairs (§ 15-5-101(a)(1)).

The inability must be shown by acts or occurrences, or by statements that strongly indicate imminent acts or occurrences (§ 15-5-101(a)(2)). Material evidence of inability must have occurred within twelve (12) months before the petition is filed (§ 15-5-101(a)(2)).

Isolated instances of simple negligence or improvidence, lack of resources, or a choice that is the product of an “informed judgment” are not evidence of inability (§ 15-5-101(a)(3)).

The term 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, of the Idaho Code (see § 15-5-301(e)), which is not covered in this overview.

The Least Restrictive Approach

Idaho law states that it is desirable to make available the least restrictive form of guardianship to assist persons who are only partially incapable of caring for their own needs (Idaho Code § 15-5-303(a)). The court must encourage the person’s maximum self-reliance and independence and make orders only to the extent the person’s actual mental and adaptive limitations or other conditions require (Idaho Code § 15-5-304(a)).

Appointment by a Parent’s or Spouse’s Will

A parent of an incapacitated person may appoint a guardian by will, effective only if both parents are dead or the surviving parent has been adjudged incapacitated (Idaho Code § 15-5-301(a)). A spouse may also appoint a guardian by will, and an effective appointment by a spouse has priority over one by a parent (§ 15-5-301(b)). Either way, the guardian must give seven (7) days’ prior written notice to the incapacitated person and to the person caring for him or her or the nearest adult relative, then file an acceptance in the court where the will is probated (§ 15-5-301(a), (b)).

If the person for whom the guardian was named files a written objection with the court where the will was probated, the appointment is terminated (§ 15-5-301(d)). The court may still appoint the named person or any other suitable person after an adjudication of incapacity (§ 15-5-301(d)).

Filing the Petition

The allegedly incapacitated person, or any person interested in his or her welfare, may petition for a finding of incapacity and appointment of a guardian or co-guardians, limited or general (Idaho Code § 15-5-303(a)). The case is filed where the person lives or is present (Idaho Code § 15-5-302).

The petition must include a reasonably detailed plan for the guardian’s proposed actions, to the extent the petitioner reasonably knows them (§ 15-5-303(a)). If the person’s needs are not reasonably known, or if the petitioner is not the proposed guardian, the guardian must give a reasonably detailed written plan to the court and all interested persons within thirty (30) days after appointment (§ 15-5-303(a)).

Who Gets Notice

Notice of the hearing must be given to each of the following (Idaho Code § 15-5-309(1)):

• The person alleged to be incapacitated and his or her spouse, or if none, adult children, or if none, parents;
• Anyone serving as the person’s guardian or conservator or who has his or her care and custody;
• If no one is notified under the first item, at least one (1) of the person’s closest adult relatives, if any can be found; and
• Anyone who has filed a request for notice.

Notice must be served personally on the person alleged to be incapacitated; other notices are given as provided in Idaho Code § 15-1-401 (§ 15-5-309(2)). That person’s waiver of notice is not effective unless he or she attends the hearing or the visitor or guardian ad litem confirms the waiver (§ 15-5-309(2)).

Attorney, Examiner, and Visitor

When a petition is filed, the court sets a hearing on incapacity (Idaho Code § 15-5-303(b)). Unless the person has a lawyer of his or her own choice, the court must appoint an attorney, who has the powers and duties of a guardian ad litem (§ 15-5-303(b)).

The person must be examined by a physician or other qualified person appointed by the court, who submits a written report (§ 15-5-303(b)). In appropriate cases, the court may also appoint a mental health professional, defined as a psychiatrist, psychologist, gerontologist, licensed social worker, or licensed counselor (§ 15-5-303(b)).

A court visitor must interview the person (§ 15-5-303(b)). The visitor also interviews the person who appears to have caused the petition to be filed and anyone nominated as guardian, visits the person’s current home and the place where the person would live if the appointment is made, and reports in writing (§ 15-5-303(b)).

A visitor is an individual with no personal interest in the case who meets qualifications set by Idaho supreme court rule, and cannot serve as guardian ad litem (Idaho Code § 15-5-308(1), (4)).

Where a guardian ad litem serves, the guardian ad litem’s duties include conducting an independent investigation and delivering a written report to the court and all parties at least five (5) days before the adjudicatory hearing (Idaho Code § 15-5-315(1), (2)). The guardian ad litem must also determine whether existing powers, trusts, or other measures may adequately give the person the protection a guardian would provide, or could reasonably be created, and if so, recommend no guardianship or only a suitably limited one (§ 15-5-315(8)).

The Hearing

Unless the court excuses it for good cause, the proposed guardian must attend the hearing (Idaho Code § 15-5-303(c)). The person alleged to be incapacitated has the right to (§ 15-5-303(c)):

• Be present in person and see or hear all evidence about his or her condition;
• Be represented by counsel;
• Present evidence and subpoena witnesses and documents;
• Examine witnesses, including the court-appointed physician, mental health professional, or other evaluator and the visitor; and
• Otherwise participate in the hearing.

The hearing may be closed if the person or his or her counsel requests it and shows good cause (§ 15-5-303(c)).

The Court’s Decision

The court may appoint a guardian if it is satisfied that the person is incapacitated and the appointment is necessary or desirable to provide continuing care and supervision (Idaho Code § 15-5-304(b)). On appropriate findings, the court may instead treat the petition as one for a protective order, enter any other appropriate order, or dismiss the case (§ 15-5-304(b)).

The court may create a limited guardianship by limiting the guardian’s powers, at the time of appointment or later (Idaho Code § 15-5-304(d)). Any limits must be endorsed on the guardian’s letters, and a limit may later be removed by the same procedure (§ 15-5-304(d)).

The court may appoint no more than two (2) co-guardians if they will best serve the person’s interests and will work together cooperatively (§ 15-5-304(c)(1)). The person’s parents have preference over all others for appointment as co-guardians unless the court finds they are unwilling or not capable of adequately serving the person’s best interests (§ 15-5-304(c)(2)). The court must state whether co-guardians act independently, jointly in specified matters, or jointly (§ 15-5-304(c)(3)).

Who May Serve as Guardian

Any competent person, or a suitable institution, may be appointed, subject to the limits below (Idaho Code § 15-5-311(1)). The person preferred by the incapacitated person must be appointed unless good cause shows the appointment is contrary to his or her best interests (§ 15-5-311(2)). If the person cannot express a preference, the court may consider any previous expression, including a durable power of attorney for health care (§ 15-5-311(2)).

Persons who are not disqualified have priority in this order (§ 15-5-311(3)):

Priority	Person
1	The person preferred by the incapacitated person
2	The person(s) nominated as health care agent in the incapacitated person’s durable power of attorney for health care, in the order set in that document
3	The spouse
4	An adult child
5	A parent, including a person nominated by will or other writing signed by a deceased parent
6	Any relative the incapacitated person lived with for more than six (6) months before the petition was filed
7	A person nominated by whoever is caring for the incapacitated person or paying benefits to him or her

The court must always consider the incapacitated person’s wishes about who should be appointed (§ 15-5-311(3)(a)).

Background Checks and Felony Restrictions

A convicted felon may not be appointed, and neither may a person whose residence is the incapacitated person’s proposed residence, or will be frequented by the incapacitated person, and is frequented by a convicted felon, unless the court finds by clear and convincing evidence that the appointment is in the incapacitated person’s best interests (Idaho Code § 15-5-311(4)).

Before an individual may be appointed, the proposed guardian must submit to and pay for a criminal history and background check, and must give a report of his or her civil judgments and bankruptcies to the visitor, the guardian ad litem, and everyone entitled to notice (§ 15-5-311(5)(a), (d)). If the court orders it, anyone living in the proposed residence must also submit to a check at the proposed guardian’s expense (§ 15-5-311(5)(b)).

Temporary Guardians

While a petition is pending, the court may appoint a temporary guardian if it finds substantial evidence of incapacity, finds by a preponderance of the evidence that an emergency exists that will likely result in immediate and substantial harm to the person’s health, safety or welfare, and finds no other person appears able, authorized and willing to act (Idaho Code § 15-5-310(a)).

When a guardian is already serving, the court may appoint a temporary guardian on substantial evidence that the guardian is not performing the guardian’s duties and a preponderance of the evidence that such an emergency exists (§ 15-5-310(b)). The regular guardian’s authority is suspended while the temporary guardian has authority, and the court must hold a hearing before that authority expires (§ 15-5-310(b)).

A temporary guardian may be appointed without notice or hearing if a sworn statement shows the person will be immediately and substantially harmed before notice can be given or a hearing held (§ 15-5-310(c)(1)). Notice of the appointment must then be given within seventy-two (72) hours, and the court must hold a hearing within fourteen (14) days after an interested person requests one (§ 15-5-310(c)(2)).

A temporary guardian’s authority may not exceed ninety (90) days unless extended for good cause, and the powers must be limited to those needed to protect the person’s immediate health, safety or welfare until a hearing (§ 15-5-310(c)(3)). A temporary guardian must make reports as the court requires (§ 15-5-310(c)(4)).

Costs of the Case

If not otherwise paid, a visitor, guardian ad litem, physician, guardian, or temporary guardian appointed in the case is entitled to reasonable compensation from the estate (Idaho Code § 15-5-314(1)). A person who brings or defends a guardianship proceeding in good faith, whether successful or not, is entitled to necessary expenses and disbursements from the estate, including reasonable attorney’s fees (§ 15-5-314(1)). If the estate is inadequate, the court may apportion these amounts among the parties as it deems reasonable (§ 15-5-314(1)).

After the Appointment

The guardian must immediately give written notice of any proposed change in the ward’s permanent address to the court and all interested parties (Idaho Code § 15-5-303(c)), and must report to the court at least annually on the ward’s status (Idaho Code § 15-5-312(1)(e)). See Idaho Guardian Duties and Powers for the guardian’s powers, removal, and termination, and Idaho Interstate Guardianships for cases involving another state.

How I Can Help

I help families decide whether an adult guardianship, a limited guardianship, or another arrangement fits their situation. I prepare the petition and plan, handle notice and background-check requirements, and represent petitioners, proposed guardians, and family members at the hearing, including in emergency temporary guardianship matters. 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.