Probate Code
Each state's laws set out detailed procedures which must be followed to have a guardian or conservator appointed. Although details vary, typically the process requires notice to the proposed ward and other interested parties, evaluation of the proposed ward and evidence supporting the request, a hearing, and a decision by a jury or judge.
Initiating the Action:
The incapacitated person or any person interested in his welfare may initiate guardianship proceedings by filing a petition for the appointment of a limited or unlimited guardian.
Notice of Hearing:
Notice of the proceedings must be given to:
(1) The ward or the person alleged to be incapacitated and his spouse, or, if none, his adult children or if none, his parents, or if none, at least one of his closest adult relatives, if any can be found; and
(2) Any person who is serving as his guardian, conservator, or who has his care and custody;
(3) Any person who has filed a request for notice under this section.
Examinations, Evaluations, and Interviews:
Once a petition is filed, the court must appoint a visitor to assist in the process. The visitor must interview the proposed ward, visit their home, and interview the person who filed the petition. The visitor must prepare a report of their findings and submit it to the court. The court must also appoint a physician or other qualified person to evaluate the proposed ward and prepare a report of their findings. The court may also appoint a mental health professional, defined as a psychiatrist, psychologist, gerontologist, licensed social worker, or licensed counselor, to examine the proposed ward
Adjudication and Disposition:
If after a hearing the court or a jury determines the respondent is incapacitated, the judge issues an order appointing a guardian and outlining the scope of the guardian's powers.
Conservators in Idaho:
Where a person is incapable of managing their own financial affairs, the person to be protected, any person who is interested in his estate, affairs or welfare including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of a conservator or for other appropriate protective order. The process for the appointment of a conservator parallels that of guardianship: notice is provided to interested parties, relevant information is gathered, a hearing is held, then a judge renders a decision.
Idaho Code Ann. § 15-5-303 through Idaho Code Ann. § 15-5-304
Idaho Code Ann. § 15-5-309
Idaho Code Ann. § 15-5-404 through Idaho Code Ann. § 15-5-408