Idaho Falls Guardianship Attorneys

Understanding Guardianship and Conservatorship in Idaho

A guardianship and/or conservatorship may be necessary when a person is unable to care for themselves or manage their affairs. A minor child will need a guardian and conservator if their parents pass away or become unable (or unwilling) to adequately care for them. An adult could need a guardianship and/or conservatorship if they become incapacitated, experience significant mental decline, or otherwise cannot carry on without assistance. 

The terms “guardianship” and “conservatorship” are frequently used interchangeably, but they are two separate legal arrangements. A guardian is responsible for the well-being of their ward, while a conservator oversees the ward’s financial affairs. A ward’s guardian may also be their conservator, or they may be two separate individuals.

Call (208) 271-4403 or contact us online to schedule an initial consultation. Flexible payment options are available, and we provide our legal services in English and Spanish.

What is Guardianship?

Guardianship is a legal relationship established by the court, where one person (the guardian) is appointed to make decisions on behalf of another person (the ward) who is unable to make those decisions due to incapacity. This incapacity can arise from various conditions, including developmental disabilities, mental illness, age-related decline, or other health issues.

In Idaho, guardianship can encompass a range of responsibilities, including managing the ward’s personal care, financial matters, medical decisions, and overall well-being. The goal of guardianship is to ensure that the ward’s rights are protected while providing the necessary support for their care and decision-making.

Types of Guardianship in Idaho

Idaho recognizes several types of guardianships, each tailored to meet the specific needs of individuals:

• General Guardianship: This is the most comprehensive form of guardianship, where the guardian has broad authority to make decisions regarding the ward's personal and financial affairs. General guardianship is typically appropriate for individuals with significant cognitive impairments or disabilities.
• Limited Guardianship: Limited guardianship provides specific authority to the guardian while preserving some decision-making abilities for the ward. This type can be beneficial for individuals who can still manage certain aspects of their lives, allowing them to maintain a degree of independence.
• Temporary Guardianship: Temporary guardianship may be established for a specific period, often in emergencies or when the ward's needs are expected to change shortly. This arrangement allows for immediate support while a more permanent solution is explored.
• Emergency Guardianship: In urgent situations where immediate action is required to protect the ward, the court can appoint an emergency guardian. This appointment is typically short-term and aims to address immediate risks or needs.

Our Idaho Falls guardianship attorneys can help you decide what is the best guardianship depending on your circumstances and wishes for the future.

The Guardianship Process in Idaho

Navigating the guardianship process involves several critical steps, each requiring careful consideration and legal guidance:

Petition for Guardianship

The process begins with filing a petition for guardianship in the appropriate Idaho court. This petition must outline the reasons for seeking guardianship, including evidence of the ward’s incapacity and the proposed guardian’s suitability.

Notice and Hearing

Once the petition is filed, the court will set a hearing date. The petitioner must notify the ward and other interested parties, such as family members, of the proceedings. During the hearing, the court will evaluate the evidence presented and determine whether guardianship is warranted.

Court Investigation

In some cases, the court may appoint an investigator to assess the ward's situation and provide an impartial report. This investigation can help the court make an informed decision about the guardianship.

Guardianship Order

If the court finds that guardianship is necessary, it will issue a guardianship order, detailing the authority granted to the guardian. This order is a legal document that formalizes the guardian's responsibilities and the ward's status.

Ongoing Oversight

Guardianship is not a one-time event; it requires ongoing oversight. Guardians are typically required to report to the court regularly, providing updates on the ward’s condition and how decisions are being made on their behalf.

Ready to take the next step? Contact the Idaho Falls guardianship attorneys today for a free legal consultation. Call us now at (208) 271-4403 or reach out online to discuss your family law needs.

Responsibilities of a Guardian

The responsibilities of a guardian can be extensive and vary based on the type of guardianship granted. Key duties often include:

• Personal Care: Ensuring the ward's basic needs are met, including housing, food, and medical care.
• Medical Decisions: Making informed decisions regarding the ward's healthcare, treatments, and medications.
• Financial Management: Overseeing the ward’s finances, including managing income, expenses, and any assets.
• Advocacy: Advocating for the ward's best interests in various settings, from medical facilities to community resources.

Steps to Becoming a Guardian or Conservator in Idaho

You must obtain court permission to become a person’s guardian and/or conservator. The specifics of the petitioning process will depend on the circumstances of the ward.

When a minor child’s parents pass away, it is assumed the child will need a guardian. In many cases, at least one of the parents will leave behind a will that names a preferred guardian. The court will generally honor this request assuming the named individual is available and capable of serving as a guardian.

Things can be more difficult if at least one of the child’s parents is still alive. The petitioning party will need to prove to the court that the current parent (or parents) is unfit. A parent may be considered unfit if they neglect the child, abuse the child, have substance abuse issues, or are otherwise unable to provide the child with basic necessities. 

If you are looking to obtain a guardianship for an adult, you must demonstrate that the adult is unable to adequately care for themselves. If you are seeking a conservatorship for an adult, you must show the adult is specifically incapable of managing their financial affairs. All adults in the United States are presumed to be capable of handling their affairs unless proven otherwise, so you will need substantial, convincing evidence. An adult might need a guardianship or conservatorship if they are suffering from disabling mental decline or have become severely impaired due to an accident or illness.

In all of these scenarios, the judge will make decisions based on what they believe to be in the best interests of the ward. After submitting your request, you must serve formal notice of your petition to specific parties, including relatives of the ward. The judge will hold a hearing, and interested parties will have a chance to object to the proposed arrangement. After reviewing the evidence and any relevant testimony, the judge will decide whether to grant the guardianship or conservatorship. 

Expert Guardianship and Conservatorship Support in Idaho and Montana

At Freedom Law, we help families navigate the often-complex legal proceedings surrounding guardianships and conservatorships. Our Idaho Falls guardianship lawyers have over 15 years of experience and understand how Idaho and Montana courts approach these cases. We recognize that these situations are highly sensitive and can sometimes be contentious, which is why we aim to handle these matters as discreetly and compassionately as possible. Our firm will advocate for you throughout the legal process and work to swiftly resolve any disputes or issues that may arise.

Our Idaho Falls guardianship attorneys are extensively familiar with the level of evidence needed and how these cases are decided in Idaho and Montana. Our goal is to offer the guidance you need to protect your family, no matter their circumstances. We can assist with completing all relevant paperwork, filing it with the applicable court, and serving notice. Our team at Freedom Law will also represent you at your hearing and will help ensure you present a compelling argument to the court.

Seeking Guardianship or Conservatorship in Idaho or Montana? Contact Freedom Law Today or call (208) 271-4403 for Expert Legal Assistance.