Understanding guardianship
Guardianship, explained in plain language
Guardianship is a serious legal step. Understanding what it does — and what it does not do — helps families and professionals make better decisions.
What is guardianship?
Guardianship is a legal relationship established by a court. A guardian may be authorized to make certain personal decisions for an adult when the court determines that the adult cannot make or communicate those decisions independently.
The court defines what the guardian may decide. The board can be considered for appointment, but only a court can appoint a guardian.
What guardianship is not
Guardianship does not automatically remove every right a person has, and it should never be broader than necessary. A person may keep the ability to make many choices about their own life while receiving help with specific decisions.
It is also not caregiving, case management, legal representation, financial assistance, or emergency response.
First things first
Less restrictive alternatives
These options should be considered before guardianship. Often one or more of them meets the need.
Supported decision-making
Trusted people help the person understand options and make their own choices.
Powers of attorney
The person names someone in advance to act for them in specific matters.
Advance directives
Written health care wishes and a named health care decision-maker.
Representative payee services
Help managing benefit income without a court proceeding.
Case management and community supports
Coordinated services that reduce risk day to day.
Trusted family or informal support
Family or friends who already help safely and appropriately.
Limited guardianship
A court order narrowed to only the decisions the person needs help with.
Conservatorship
Considered when financial decision-making is the primary issue.
The work
Guardian responsibilities
- Learning the person's values, preferences, history, and goals
- Involving the person in decisions
- Supporting independence
- Monitoring health, safety, services, and living arrangements
- Visiting and maintaining meaningful contact
- Keeping required records and reports
- Avoiding conflicts of interest
- Following the court order and applicable Idaho requirements
This is general information, not legal advice
This website provides general information and is not legal advice. Guardianship laws and court procedures can change. Individuals should consult a qualified Idaho attorney or the appropriate court regarding a specific legal matter.
Thinking about a referral?
If less restrictive alternatives have been considered and no appropriate person is available to serve, you can submit a referral. Submission does not mean the case has been accepted.
Vocabulary
Key terms
Terms you are likely to see in court paperwork, as defined by the Idaho Supreme Court.
- Guardian
- A person appointed by the court to make personal or health-related decisions on behalf of another person.
- Conservator
- A person appointed by the court to manage the finances or estate of a protected person.
- Incapacitated person
- An adult who cannot make responsible decisions because of an impairment.
- Court visitor
- A neutral individual who meets with the parties involved and reports findings to the court.
- Interested person
- Someone with a legal interest in the proceeding, such as a family member or creditor.
- Estate
- All property owned by a person, including community property of a surviving spouse.
- Disability
- A physical or mental impairment that substantially limits major life activities.
- Letters
- The court document confirming a guardian's or conservator's authority to act.
Court requirements
Required training before appointment
The Idaho Supreme Court requires prospective guardians and conservators to complete an online course before permanent letters are issued.
- Required for all petitioners seeking appointment as a guardian or conservator.
- A $25 fee is collected by the county clerk under Idaho Code § 31-3201G and Idaho Court Administrative Rule 54.
- A petitioner's receipt number is issued once payment is made.
- The certificate of completion is filed with the county clerk.
- Each course takes about 60 minutes, must be completed in one session, and does not run on phones or tablets.
- A court may waive the training or the fee for good cause.
Official court links
District coordinator
Fremont, Jefferson, Lemhi, Madison, and Teton counties are in Idaho's Seventh Judicial District. The district coordinator can answer questions about serving as a guardian or conservator and about reporting requirements.
Seventh Judicial District — Megan Harper
(208) 529-1350 ext. 2814
mharper@idcourts.gov
Statewide questions: conservatorship@idcourts.net
Questions