Guardianships / Conservatorships

Legal Guardianship and Conservatorship of Minors or Incapacitated Persons in Idaho

In cases in which a child's parents have passed away or are incapable of caring for the child, or in cases where a person has become unable to appropriately manage their own care or finances, another person or persons could step in and request to become a guardian or conservator. Idaho law defines these two roles as different from one another. If you want to assist a child or an incapacitated person as a guardian or conservator, a Twin Falls lawyer from Roy, Nielson, Platts & McGee can help you understand what you need to do to make it legal.

Understanding Guardianship vs. Conservatorship

Title 15 of the Uniform Probate Code provides the laws regarding guardianship versus conservatorship in Idaho. Under Idaho Statute § 15-5-209, a guardian is defined as a person who "has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child." The guardian is not obligated, however, to provide for the ward out of his or her own funds and is not liable to third persons for acts of the ward as a parent would be. Idaho Stat. § 15-5-201 says that a guardian is appointed by acceptance of a testamentary appointment or by the court.

Conservatorship grants a third party responsibility over the finances of a minor or an incapacitated person. Idaho Stat. § 15-5-401 states that a conservator can be appointed upon petition and after a hearing on the matter and that the conservator's duties involve caring for the money or property that is owned but "requires management or protection which cannot otherwise be provided; has or may have business affairs which may be jeopardized or prevented by his minority; or that funds are needed for his support and education and that protection is necessary or desirable to obtain or provide funds."

Find a Twin Falls Guardianship & Conservatorship Lawyer

Roy, Nielson, Platts & McGee can help you determine whether or not a guardianship or conservatorship is warranted and can help you pursue the position if they do.

We can build a strong case to prove that you are suitable to care for your loved one's needs or to manage his or her estate. Contact us as soon as possible to learn more.