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1. How do I become a guardian or conservator?

A desire to assist a vulnerable person, followed by a legal consultation may be your first steps. A petition is then filed with the Court. Completing a background check and online training (to become familiar with the rules of guardianship and conservatorship) are not optional, and will be ordered by the presiding Judge in your case. For more information contact the Guardianship and Conservatorship Monitor at 208-446-2147.

2. What are least restrictive measures?

If a proposed protected person is unable to manage their finances, a less restrictive measure may be the use of a representative payee, who will make sure the protected person's money is managed properly, or setting up a co-signature account with the proposed protected person's bank. If a proposed person under guardianship is unable to provide for their own care and needs, a trusted person could assist them, they could assign a power of attorney, or if guardianship is believed to be necessary, a limited guardianship may be sufficient. 

Even with a guardian or conservator in place, best practice is to allow the protected person to have as much opportunity to make decisions as possible. In most situations, it is best practice to attempt less restrictive measures prior to petitioning the Court for full guardianship or conservatorship. Contact us at 208-446-2147 for any further questions.

3. What if I cannot afford an attorney?

You could make legal counsel aware of the cost prohibition of petitioning for guardianship or conservatorship. Some law firms charge according to income, or it may be possible for the potential protected person to pay the legal fees. Call the Guardianship and Conservatorship Monitor at 208-446-1247 for more information.

4. Am I liable for the protected person's decisions?

No. A legal guardian is only responsible for insuring that the person under guardianship has adequate medical attention, shelter, food, and clothing. A Court appointed guardian is not responsible for the actions of the person under guardianship.

5. How often must I report to the Court?

Guardians must file an initial report with the Court within 30 days of being appointed, and then once per year, on the anniversary of the appointment. Conservators must file an initial report within 90 days of being appointed, and then once per year, on the anniversary of the appointment. For more information, contact the Guardianship and Conservatorship Monitor at 208-446-2147.

6. Who reviews my reports?

The Court may review the reports directly; however, the Guardianship and Conservatorship Monitor (GCM), of the Judicial District the guardianship was filed and reported in, will also review the report. If there are questions about the report, or concerns, they will be brought to the presiding Judge of the case for direction, and a home visit, interview, or other follow up may be ordered by the Judge. All ordered actions of the GCM will be submitted to the Court and attached to the case file. Contact us at 208-446-2147 for more information.

7. Can I be paid for being a conservator?

Yes, provided the fees are consistent with current rates, in accordance with Idaho law and the order of the Presiding Judge, prior to charging fees.

Caution

A conservator's funds must never be co-mingled with the protected person's funds. Also, the protected person's funds are not ever to be used as a private lending institution for the conservator.

8. What rights do persons under guardianship and/or conservatorship have?

If you have any other questions, comments, or concerns you can contact the Guardianship and Conservatorship Monitoring Program office at 208-446-2147.