Idaho Guardianship Laws: Current Rules and the 2027 Act (2026)

In Idaho, guardianship is a court proceeding under chapter 5 of Title 15 of the Idaho Code, in which a court appoints a guardian to make personal decisions for a minor or an incapacitated adult, or a conservator to manage a person's property. Idaho is between two versions of that chapter. Through December 31, 2026, the law in force is the older chapter, under which the court appoints a guardian for an adult if it is "satisfied" that the person is incapacitated and that the appointment is necessary or desirable for continuing care and supervision (Idaho Code § 15-5-304(b), current). On January 1, 2027, 2026 Senate Bill 1240 (Session Law chapter 79) replaces the chapter with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, which requires clear and convincing evidence and applies to guardianships that already exist on that date, with a court-ordered exception described below (§ 15-5-703, 2027 Act).

Because the new Act reuses many section numbers for different subjects, every Title 15 chapter 5 citation on this page is labeled. "Current" means the chapter in force through December 31, 2026; "2027 Act" means the version that takes effect January 1, 2027. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Idaho state law on guardianship of minors and adults and on conservatorship in Title 15, chapter 5 of the Idaho Code, both the version in force through December 31, 2026 and the version taking effect January 1, 2027, plus the delegation and caregiver powers of attorney, the health-care consent statute, the developmental-disability track in Title 66, chapter 4, and interstate transfers. It does not cover custody disputes between parents (see Idaho child custody laws), grandparent visitation (see Idaho grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Idaho probate), child-protective cases, which are a separate track, or civil commitment and mental-health holds.

Idaho guardianship terms and where the law lives

The chapter heading on the Idaho Legislature's site shows both versions side by side: "PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027]" and "UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]" (Idaho Code Title 15, ch. 5). The 2027 Act was enacted by 2026 Senate Bill 1240, signed by the Governor on March 20, 2026, as Session Law chapter 79, and section 38 of the bill provides that "This act shall be in full force and effect on and after January 1, 2027."

Current terms. Under the current chapter, the person protected by a guardianship is the "ward," a person whose property is managed by a conservator is a "protected person," and the central definition is "incapacitated person":

"Incapacitated person" means any person who is impaired, except by minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, provided, that the term shall not refer to a developmentally disabled person as defined in section 66-402 (5), Idaho Code, and provided further that: (1) "Incapacity" means a legal, not a medical disability and shall be measured by function limitations ...

Idaho Code § 15-5-101(a), current

The same definition requires that material evidence of inability "must have occurred within twelve (12) months prior to the filing of the petition for guardianship or conservatorship" (§ 15-5-101(a)(2), current). A person with a developmental disability as defined in Idaho Code § 66-402(5) is excluded from that definition; guardianships for those adults run under Title 66, chapter 4, described below.

2027 terms. Under the 2027 Act, a "guardian" is a person appointed "to make decisions with respect to the personal affairs of an individual," and a "conservator" is appointed "to make decisions with respect to the property or financial affairs of an individual subject to conservatorship" (§ 15-5-102(14), (7), 2027 Act). The person under guardianship becomes the "adult subject to guardianship."

How to get guardianship of a child in Idaho (current law)

When a court may appoint. Through December 31, 2026, the standard is in § 15-5-204(1) (current):

The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, or abandoned or whose parents are unable to provide a stable home environment.

Idaho Code § 15-5-204(1), current

The same subsection provides that failing to maintain a normal parental relationship with the child "without just cause for a period of six (6) months shall constitute prima facie evidence of abandonment," and that the court "shall consider the best interests of the child as the primary factor" in deciding whether to appoint and whom to appoint (§ 15-5-204(1), current). A guardian appointed in a parent's will has priority, unless the nominee fails to accept within 30 days after notice (§ 15-5-204(1), current).

Who may petition. A proceeding may be started by any relative of the minor, by the minor if 14 or older, by a person who comes within § 15-5-213(1), or by "any person interested in the welfare of the minor" (§ 15-5-207(1), current).

Who gets notice. Notice goes to the minor if 14 or older, the person who had principal care and custody of the minor during the 60 days before the petition, any de facto custodian, and any living parent; the court may waive notice to an unwed father who has not registered as the section describes (§ 15-5-207(2), current).

The child's choice and a lawyer. "The court shall appoint a person nominated by the minor, if the minor is fourteen (14) years of age or older, unless the court finds the appointment contrary to the best interests of the minor" (§ 15-5-206, current). In a proceeding to appoint a guardian for a minor, the court shall appoint an attorney for the minor if it determines the minor is mature enough to direct one, and otherwise shall appoint a guardian ad litem; it may decline only if it finds in writing that the appointment is not necessary to serve the minor's best interests or the Department of Health and Welfare has legal custody of the child (§ 15-5-207(7), current). In later proceedings to remove a guardian or to modify or end the guardianship, the court may appoint an attorney if the minor's interests may be inadequately represented, considering the preference of a minor 14 or older (§ 15-5-212(3), current).

Temporary guardian of a minor. After a petition is filed, the court may appoint a temporary guardian if it finds by a preponderance of the evidence that the appointment is necessary to protect the minor's health, safety or welfare until the petition can be heard and that no other person appears to have the ability, authority and willingness to act. It may do so without notice or hearing only if the minor is in the physical custody of the petitioner or proposed temporary guardian and a statement under oath shows the minor may be immediately and substantially harmed before notice can be given or a hearing held; notice must then be given within 72 hours, and the court must hold a hearing within 14 days after an interested person requests one. A hearing on the temporary guardianship or on the petition must be held within 90 days of filing. The temporary guardian's authority may not exceed six months unless extended for good cause, and only one extension of up to six more months is allowed (§ 15-5-207(5), current). Where a temporary guardian replaces an existing guardian who is not performing, the temporary guardianship may not last longer than 12 months in total (§ 15-5-207(6), current).

What the guardian may decide. "A guardian of a minor has the powers and responsibilities of a parent who has not been deprived of custody of his minor and unemancipated child, except that a guardian is not legally obligated to provide from his own funds for the ward and is not liable to third persons by reason of the parental relationship for acts of the ward" (§ 15-5-209, current).

When it ends. A minor's guardianship ends on the guardian's death, resignation or removal, or on the minor's death, adoption, marriage or majority, and an interested person or a minor 14 or older may petition for removal or other relief on best-interest grounds (§§ 15-5-210, 15-5-212, current). A parent's deployment with the armed forces does not by itself count as neglect, abuse, abandonment or failure to provide a stable home, and a guardianship created at a deployed parent's request ends immediately when the deployment circumstances end or the parent files a termination report (§ 15-5-204(2), (3), current).

Cases tied to the Child Protective Act. Where a minor is within a court's jurisdiction under the Child Protective Act, or the guardianship arose from a permanency plan in such a case, that court "shall have exclusive jurisdiction and venue over any guardianship proceeding involving such minor" unless it declines in furtherance of the permanency plan (§ 15-5-212A, current). A person who moves to terminate such a guardianship must prove by clear and convincing evidence both "a substantial and material change in the circumstances of the parent or the minor since the establishment of the guardianship" and that termination "would be in the best interests of the minor" (§ 15-5-212A(5), current).

A child's money. Under current law, a person who owes money or property to a minor may pay or deliver it, in amounts not exceeding $10,000 per year, as § 15-5-103 (current) provides, without a conservator. For larger amounts or ongoing management, a conservator may be needed.

Custody disputes between parents run through a different process; see Idaho child custody laws.

Can a parent name a guardian in a will in Idaho?

Yes, and under both versions the appointment is made by will. Under current law, a parent's testamentary appointment takes effect when the guardian files an acceptance, if no parent with appointment rights is alive at the decedent's death; the will may name alternates, and the guardian must give written notice of acceptance to the minor and the person having the minor's care (§ 15-5-202, current).

A minor 14 or older can stop it:

A minor of fourteen (14) or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it is accepted or within thirty (30) days after notice of its acceptance.

Idaho Code § 15-5-203, current

"An objection does not preclude appointment by the court in a proper proceeding of the testamentary nominee, or any other suitable person" (§ 15-5-203, current). Under the 2027 Act, the same rule moves to § 15-5-201(2), and the age becomes 12.

Letting a relative care for a child without going to court

Idaho has two separate power-of-attorney routes, with different periods and different limits.

Delegation of parental powers (§ 15-5-104, current; § 15-5-128, 2027 Act). The text in force through December 31, 2026 reads:

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, or in the case of military personnel serving beyond the territorial limits of the United States for a period not exceeding twelve (12) months, any of the parent's or guardian's powers regarding care, custody, or property of the minor or ward including, but not limited to, powers for medical care and educational care of the minor or ward, except the parent's or guardian's power to consent to marriage or adoption of a minor or ward. The delegation for a minor to a grandparent of the minor, or to a sibling of the minor, or to a sibling of either parent of the minor, shall continue in effect until the time period, or date, or condition set forth in the power of attorney for automatic expiration of the power of attorney occurs. If the power of attorney does not provide a time period, or date, or condition for automatic expiration of the power, the power of attorney shall continue in effect for a period of three (3) years.

Idaho Code § 15-5-104, current

The delegating parent or guardian may revoke a delegation to a grandparent or sibling early by a writing delivered to that person; if the power of attorney was recorded, the revocation must also be recorded before it takes effect (§ 15-5-104, current). From January 1, 2027, the same rule for parents moves to § 15-5-128 (2027 Act), without the guardian language. Under both, "The power of attorney does not need to be notarized or recorded to be valid." The six-month cap does not apply to a delegation to a grandparent, a sibling of the minor, or a sibling of either parent, which runs to the expiration the document sets or, if it sets none, three years. A delegation is not a guardianship and does not transfer the parent's power to consent to marriage or adoption.

Temporary caregiver power of attorney (§ 32-1801). A parent or legal guardian may also, by a properly executed power of attorney, name a "temporary caregiver" and delegate "any of the traditional parental rights and responsibilities regarding care and custody of the child except for: (a) Consent for the child to marry; (b) Consent for an abortion or inducement of an abortion to be performed on or for the child; or (c) The termination of parental rights to the child" (Idaho Code § 32-1801(1)). "A delegation of parental rights and responsibilities made pursuant to this section may last for up to six (6) months" (§ 32-1801(4)).

Medical decisions. Idaho's health-care consent statute lists who may consent for a person who cannot. The list begins with a court-appointed guardian and includes "The person named in a delegation of parental authority executed pursuant to section 15-5-104, Idaho Code," listed after a parent and before "Any relative of such person" (Idaho Code § 39-4504(1)). The Legislature's page for § 39-4504 also shows a version taking effect January 1, 2027.

How to become guardian of an adult in Idaho (current law)

Petition, lawyer and examination. When a petition is filed, "the court shall set a date for hearing on the issues of incapacity and unless the allegedly incapacitated person has counsel of his own choice, it shall appoint an attorney to represent him in the proceeding, who shall have the powers and duties of a guardian ad litem" (§ 15-5-303(b), current). The person must be examined by a physician or other qualified person appointed by the court, who files a written report, and must be interviewed by a visitor the court sends, who also visits the person's present residence and the proposed residence and reports in writing (§ 15-5-303(b), current).

Notice. "Notice shall be served personally on the alleged incapacitated person" (§ 15-5-309(2), current), and the person's waiver of notice is ineffective unless the person attends the hearing or the visitor or guardian ad litem confirms it, as the section provides.

The hearing. The person may attend, present evidence, examine witnesses, and ask for a closed hearing on good cause (§ 15-5-303, current).

What the court must find. Section 15-5-304 (current) states the test:

(b) The court may appoint a guardian as requested if it is satisfied that the person for whom a guardian is sought is incapacitated and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the incapacitated person.

Idaho Code § 15-5-304(b), current

The section says "satisfied" and does not state a burden of proof. It also directs the court to "encourage the development of maximum self-reliance and independence of the incapacitated person and make appointive and other orders only to the extent necessitated by the incapacitated person's actual mental and adaptive limitations or other conditions warranting the procedure" (§ 15-5-304(a), current), and allows a limited guardianship at the time of appointment or later (§ 15-5-304(d), current).

Who may serve. "The person preferred by the incapacitated person shall be appointed guardian unless good cause be shown why appointment of such person is contrary to the best interests of the incapacitated person" (§ 15-5-311(2), current). After that, the current priority list includes the person's health-care agent, spouse, adult child, parent, a relative with whom the person has lived for more than six months, and a nominee of a person caring for the person or paying benefits, among the persons § 15-5-311 lists. A person convicted of a felony may not be appointed absent the clear-and-convincing showing § 15-5-311 (current) describes, and a criminal history check is required.

Guardian's powers and reports. A guardian may establish the person's place of abode within or outside Idaho and consent to medical care, and "A guardian shall be required to report to the court at least annually on the status of the ward. All reports shall be under oath or affirmation and shall comply with Idaho supreme court rules" (§ 15-5-312(1)(e), current). If the guardian's plan is not in the petition, it must be filed within 30 days (§ 15-5-303(a), current).

Emergency guardianship. Under current law, a temporary emergency guardian may be appointed on substantial evidence that the person is incapacitated and a showing by a preponderance of the evidence that an emergency exists. If the appointment is made without notice, notice must be given "within seventy-two (72) hours after the appointment," and the court must hold a hearing on the appropriateness of the appointment "within fourteen (14) days after the request by an interested person" (§ 15-5-310(c)(2), current). The authority may not exceed 90 days unless extended for good cause (§ 15-5-310, current).

Ending it. The person under guardianship or any interested person may ask the court to end the guardianship, and "A request for this order may be made by informal letter to the court or judge and any person who knowingly interferes with transmission of this kind of request to the court or judge may be adjudged guilty of contempt of court" (§ 15-5-307(b), current). An order finding incapacity may bar new petitions for up to one year without court leave, and on a prima facie showing for termination the court must terminate unless continuation is proven to be in the person's best interest (§§ 15-5-307, 15-5-318(3), current). On request, a jury may be summoned to hear factual issues (§ 15-5-307(d), current).

Adults with a developmental disability (Title 66, chapter 4)

Because the current incapacity definition excludes a person with a developmental disability as defined in § 66-402(5), guardianship for those adults runs under Title 66, chapter 4. Under § 66-404 (current), on the filing of a petition the court "shall set a date for a hearing, appoint an attorney to represent the respondent in the proceedings unless the respondent has an attorney, and authorize an evaluation committee to examine the respondent, interview the proposed guardians and/or conservators and report to the court in writing," and notice with a copy of the petition must be served "no less than fourteen (14) days before the hearing" (§ 66-404(3), (4), current). Senate Bill 1240 also amends §§ 66-404, 66-404A, 66-405 and 66-408 effective January 1, 2027, and a separate 2026 act (Session Law ch. 220) amended §§ 15-5-308, 15-5-311 and 15-5-316 (current) and § 66-404.

Conservatorship in Idaho (current law)

Under current law, the court may appoint a conservator when a person cannot manage property and affairs effectively for the reasons § 15-5-401 lists and the person has property that will be wasted or dissipated unless managed, or funds are needed for support (§ 15-5-401, current). "The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law" (§ 15-5-411, current).

"Every conservator shall file with the court an inventory within ninety (90) days of appointment, an accounting at least annually, and a final accounting at the termination of the appointment of the conservator" (§ 15-5-419(1), current). The court may fine a conservator up to $5,000 for a substantial misstatement in a required inventory or report, gross impropriety in handling the property, or willful failure to file a report after written notice and a two-month grace period (§ 15-5-419(2), current).

What changes on January 1, 2027

Senate Bill 1240 takes effect on January 1, 2027. Until then, everything above is the law in force. This section describes the 2027 Act as future law.

It reaches existing guardianships. The 2027 Act applies to proceedings for a guardian, conservator or protective arrangement "commenced after January 1, 2027," and to a guardianship, conservatorship or protective arrangement "in existence on January 1, 2027, unless the court finds application of a particular provision of this act would substantially interfere with the effective conduct of the proceeding or prejudice the rights of a party, in which case the particular provision of this act does not apply and the superseded law applies" (§ 15-5-703, 2027 Act).

A stated burden for adults. A court may appoint a guardian for an adult only "if the court finds by clear and convincing evidence that: (i) The respondent lacks the ability to meet essential requirements for physical health, safety, or self-care because the respondent is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services, technological assistance, or supported decision-making; and (ii) The respondent's identified needs cannot be met by a protective arrangement instead of guardianship or other less restrictive alternative" (§ 15-5-301(1)(a), 2027 Act). "The court may not establish a full guardianship if a limited guardianship, protective arrangement instead of guardianship, or other less restrictive alternatives would meet the needs of the respondent" (§ 15-5-301(2), 2027 Act).

Less restrictive alternatives defined. A "less restrictive alternative" is an approach that "restricts fewer rights of the individual than would the appointment of a guardian or conservator," and it "includes supported decision-making, appropriate technological assistance, appointment of a representative payee, and appointment of an agent by the individual, including appointment under a medical directive or power of attorney for finances" (§ 15-5-102(18), 2027 Act).

A lawyer for every adult respondent. "Unless the respondent in a proceeding for appointment of a guardian for an adult is represented by an attorney, the court shall appoint an attorney to represent the respondent, regardless of the respondent's ability to pay" (§ 15-5-305(1), 2027 Act). The lawyer must make reasonable efforts to ascertain the respondent's wishes and advocate for them to the extent reasonably ascertainable (§ 15-5-305(2), 2027 Act). Under the 2027 Act, personal service with notice of rights continues, the respondent may decline a professional evaluation, and the hearing may not proceed without the respondent except on findings the Act describes (§§ 15-5-303, 15-5-306, 15-5-307, 2027 Act).

Findings in the order, and the right to marry. The order must include specific findings, and "An adult subject to guardianship retains the right to marry unless the order includes findings that support removing that right by clear and convincing evidence" (§ 15-5-310(2), 2027 Act). An order for a full guardianship must "include specific findings by clear and convincing evidence that support the conclusion that a limited guardianship would not meet the functional needs of the adult subject to guardianship" (§ 15-5-310(3), 2027 Act).

A statement of rights. Within 30 days after appointment, the court must give the adult, the guardian and others entitled to notice a statement of the adult's rights, including the right to seek termination or modification of the guardianship or removal of the guardian and to choose an attorney for those matters (§ 15-5-311(2), 2027 Act).

Visits, calls and moves. A guardian may not restrict the adult's ability to communicate, visit or interact with others unless a court specifically authorizes it, a protective order or protective arrangement limiting contact is in effect, or the guardian has good cause to believe restriction is necessary and limits it to "not more than seven (7) business days if the person has a family or preexisting social relationship" with the adult, or "not more than sixty (60) days" otherwise (§ 15-5-315(3), 2027 Act). Moving the adult to a nursing home, mental health facility or similar restrictive setting requires that the move be in the guardian's plan, authorized by the court, or preceded by 14 days' notice, as §§ 15-5-314 and 15-5-315 (2027 Act) provide, and the guardian may not revoke the adult's medical directive or financial power of attorney without a court order.

Emergency guardians. An emergency guardian for an adult may serve up to 90 days, extendable once for up to 90 more; a lawyer is appointed immediately; and an appointment without notice is allowed only on a showing of imminent harm, after which the court must give notice of the appointment "not later than forty-eight (48) hours after the appointment" and hold a hearing "not later than seven (7) days after the appointment" (§ 15-5-312, 2027 Act).

Ending an adult guardianship. "Upon presentation of prima facie evidence for termination of a guardianship for an adult subject to guardianship, the court shall order termination unless it is proven that a basis for appointment of a guardian under section 15-5-301, Idaho Code, exists" (§ 15-5-319(4), 2027 Act). The court may decline to hold a hearing on a repeat petition filed within six months of a prior one, as § 15-5-319 provides.

Reports. "A guardian's report on care of the adult and monitoring of a guardianship shall be done in accordance with Idaho supreme court rules" (§ 15-5-317, 2027 Act). A conservator's inventory is still due within 90 days (§ 15-5-420, 2027 Act), and reports and accountings follow Idaho supreme court rules (§ 15-5-423, 2027 Act).

Conservators. An adult conservator requires clear and convincing evidence (§ 15-5-401(2), 2027 Act); a minor's conservatorship rests on a preponderance and a best-interest finding (§ 15-5-401(1), 2027 Act). Except as subsection (3) provides, "the court shall require a conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement," and the court "may waive the requirement only if the court finds that a bond or other asset-protection arrangement is not necessary to protect the interests of the individual subject to conservatorship" (§ 15-5-416(1), 2027 Act).

Protective arrangements instead of guardianship. A new Part 5 lets the court, on clear and convincing findings, issue a protective arrangement instead of appointing a guardian, such as authorizing a particular transaction (§ 15-5-502, 2027 Act).

Minors. For a child, the 2027 Act lowers the objection and nominee age from 14 to 12 (§§ 15-5-201(2), 15-5-206, 2027 Act), and an order appointing a guardian "shall state rights retained by any parent of the minor that may include contact or visitation with the minor, decision-making regarding the minor's health care, education, or other matter, or access to a record regarding the minor" (§ 15-5-206(4), 2027 Act). The court "may, in the discretion of the court," appoint an attorney for a minor (on the minor's request at 12 or older, on a guardian ad litem's recommendation, or when the minor needs representation) and for a parent who objects to the guardianship, needs counsel for informed consent, or otherwise needs representation (§ 15-5-204(1), (5), 2027 Act). An emergency guardian for a minor may serve up to 90 days, extendable once for not more than 90 days if the conditions for appointment continue (§ 15-5-208(2), 2027 Act). A minor's guardianship ends on the minor's death, adoption, emancipation or majority, or when the court finds the appointment standard is no longer met, unless termination "would be harmful to the minor" and the minor's interest in continuing the guardianship "outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor" (§ 15-5-211(1), 2027 Act). The amount that may be paid to a minor's caregiver without a conservator rises to $15,000 in a 12-month period (§ 15-5-432(1), 2027 Act).

Renumbering. The parental delegation rule moves from § 15-5-104 to § 15-5-128, and § 15-5-104 becomes a jurisdiction section.

Alternatives to guardianship in Idaho

Supported decision-making. Neither version of Title 15, chapter 5 sets up a procedure for signing a stand-alone supported decision-making agreement. From January 1, 2027, the chapter defines supported decision-making as "assistance from one (1) or more persons of an individual's choosing in understanding the nature and consequences of potential personal and financial decisions, which enables the individual to make the decisions, and in communicating a decision once made if consistent with the individual's wishes" (§ 15-5-102(37), 2027 Act), and the court must find that it and the other less restrictive alternatives cannot meet the person's needs before appointing a guardian (§ 15-5-301(1)(a), 2027 Act).

Powers of attorney and advance directives. A power of attorney for finances or a medical directive is signed while a person still has capacity, and under the 2027 Act an agent under either is a less restrictive alternative (§ 15-5-102(18), 2027 Act). Signing rules are on our Idaho power of attorney laws page. Free drafting tools are available for an Idaho power of attorney and an Idaho advance directive; a tool is not legal advice, and any document must be signed under the Idaho rules on the power of attorney page.

Health-care consent. The priority list in § 39-4504(1), described above, lets family members and others consent to care for an adult who cannot, without a guardianship. A surrogate decision-maker must have enough comprehension to consent to his or her own care and may not consent to or refuse care contrary to the person's advance care planning document or wishes the person expressed while capable (§ 39-4504(1)).

Federal benefits. Social Security appoints its own representative payee to manage benefits and does not simply defer to a court-appointed guardian; our guardianship laws by state overview covers that federal layer.

Moving to or from Idaho with a guardianship

Idaho enacted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act in 2011 as Title 15, chapter 13. "A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state" (Idaho Code § 15-13-301(1)), and a guardian appointed in another state may register the guardianship order in Idaho as a foreign judgment, after notice to the appointing court, if no Idaho guardianship petition is pending (§ 15-13-401). Under the 2027 Act, § 15-5-126 also provides for registering an out-of-state order.

Official help

The Idaho Supreme Court's guardianship and conservatorship program provides forms, a required online training course for prospective guardians and conservators, and coordinators in each judicial district.

Idaho guardianship at a glance

The temporary caregiver power of attorney under § 32-1801 (up to six months) and the interstate rules in Title 15, chapter 13 sit outside chapter 5.

Related Idaho pages

• Guardianship laws by state
• Idaho power of attorney laws
• Idaho child custody laws
• Idaho grandparents' rights
• Idaho probate

This article provides general legal information about Idaho guardianship law, not legal advice. Idaho's guardianship statute changes on January 1, 2027, and cases turn on their facts and on court rules and practice. For advice about a specific situation, contact a lawyer licensed in Idaho or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

Is Idaho's guardianship law changing in 2027?

Yes. 2026 Senate Bill 1240 (Session Law ch. 79) replaces Title 15, chapter 5 with the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act on January 1, 2027. It applies to new proceedings and to existing guardianships, unless the court finds a particular provision would substantially interfere with the proceeding or prejudice a party (Idaho Code § 15-5-703, 2027 Act).

How do I get guardianship of my grandchild in Idaho?

Under current law, any relative may petition, and the court may appoint a guardian if all parental rights of custody have been terminated or on a finding that the child has been neglected, abused or abandoned or that the parents are unable to provide a stable home environment, with the child's best interests as the primary factor (Idaho Code §§ 15-5-207(1), 15-5-204(1), current).

How long does a parent's power of attorney for a child last in Idaho?

Up to six months, or 12 months for military personnel serving outside the United States; a delegation to a grandparent, a sibling of the minor or a sibling of either parent lasts until the expiration the document sets, or three years if it sets none, and it cannot cover consent to marriage or adoption (Idaho Code § 15-5-104, current; § 15-5-128, 2027 Act). A separate temporary caregiver power of attorney under § 32-1801 may last up to six months.

What must be proved to get guardianship of an adult in Idaho?

Through December 31, 2026, the court must be satisfied that the person is incapacitated and that the appointment is necessary or desirable for continuing care and supervision; the section does not state a burden of proof (§ 15-5-304(b), current). From January 1, 2027, clear and convincing evidence is required, including that less restrictive alternatives cannot meet the person's needs (§ 15-5-301(1), 2027 Act).

Does the adult get a lawyer in an Idaho guardianship case?

Under current law, the court appoints an attorney with guardian ad litem powers unless the person has counsel of the person's own choice (Idaho Code § 15-5-303(b), current). From 2027, an attorney is appointed for every unrepresented adult respondent regardless of ability to pay (§ 15-5-305(1), 2027 Act).

Can a parent name a guardian for a child in an Idaho will?

Yes. A parent appoints a testamentary guardian by will (Idaho Code § 15-5-202, current), and a minor 14 or older can block or end the appointment by a written objection filed before acceptance or within 30 days after notice of acceptance (§ 15-5-203, current). The age becomes 12 on January 1, 2027 (§ 15-5-201(2), 2027 Act).

How long does an emergency guardianship last in Idaho?

Under current law, a temporary emergency guardian for an adult may not serve more than 90 days unless extended for good cause (Idaho Code § 15-5-310, current), and a temporary guardian for a minor may serve up to six months, with one extension of up to six months (§ 15-5-207(5)(d), current). From 2027, for an adult, up to 90 days with one extension of up to 90 days (§ 15-5-312, 2027 Act).

Does Idaho have a supported decision-making agreement law?

Title 15, chapter 5 does not set up a procedure for a stand-alone supported decision-making agreement. From January 1, 2027, it defines supported decision-making and treats it as a less restrictive alternative a court must rule out before appointing a guardian (Idaho Code §§ 15-5-102(37), 15-5-301(1), 2027 Act).

How can a guardianship of an adult be ended in Idaho?

Under current law, the person or any interested person may ask the court, even by informal letter, and on a prima facie showing the court must terminate unless continuation is proven to be in the person's best interest (Idaho Code §§ 15-5-307(b), 15-5-318, current). From 2027, the court must terminate on prima facie evidence unless a basis for appointment is proven to exist (§ 15-5-319(4), 2027 Act).