ID risk area
Guardianship risk in Idaho
How courts appoint guardians for minors when no plan is in place.
Idaho courts may appoint guardians for minors when statutory conditions are met and the appointment is in the child’s best interests.
What happens to minor children immediately after a death?How does the court choose a guardian?How long can the guardianship process take?
At a glance
Key takeaways
- A guardian may be appointed if parental rights are terminated or the child is neglected, abused, or abandoned, or parents are unable to provide a stable home.
- The child’s best interests control the appointment decision, and a testamentary guardian has priority unless the court finds otherwise.
- Court procedure includes a petition and notice, with authority for temporary guardianship (up to 12 months total).
- Parents can nominate a guardian by will or written instrument, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Idaho
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Idaho courts may appoint guardians for minors when statutory conditions are met and the appointment is in the child’s best interests.
- A guardian may be appointed if parental rights are terminated or the child is neglected, abused, or abandoned, or parents are unable to provide a stable home.
- The child’s best interests control the appointment decision, and a testamentary guardian has priority unless the court finds otherwise.
- Court procedure includes a petition and notice, with authority for temporary guardianship (up to 12 months total).
- Parents can nominate a guardian by will or written instrument, subject to court approval.
- Temporary or emergency guardianships may be available for urgent situations.
- Courts rely on best-interest findings when appointing a guardian.
- Notice and hearing requirements apply before appointment.
Sources
- https://codes.findlaw.com/id/title-15-uniform-probate-code/id-st-sect-15-5-204/
- https://law.justia.com/codes/idaho/title-15/chapter-5/part-2/section-15-5-207/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Idaho.