When A Court Appoints A Guardian
Idaho Code § 15-5-303 — the least restrictive guardianship, a lawyer, a physician's report and a visitor, until a new article on January 1, 2027
The person alleged to be incapacitated, or anyone interested in their welfare, may petition for a finding of incapacity and the appointment of a guardian, limited or general. The law favors the least restrictive form of guardianship, letting the person take part in decisions as fully as possible, and the petition carries a plan for the guardian's actions.
A lawyer, a physician, a visitor. Unless the person has a lawyer of their own choosing, the court appoints one. The person is examined by a physician or other qualified person who reports in writing, and is interviewed by a visitor the court sends.
The person may attend the hearing, see or hear all evidence about their condition, present evidence, subpoena witnesses and examine the court's physician and visitor, and may ask for a closed hearing for good cause.
The Legislature has rewritten the guardianship article from January 1, 2027, and this page reads the version in force until then. A particular case is a question for a licensed Idaho attorney.
Sources for this section (1)
- Idaho Code § 15-5-303 — Procedure for court appointment of a guardian of an incapacitated person
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Idaho attorney.