15-5-308. VISITOR IN GUARDIANSHIP PROCEEDING. (1) A visitor is, with respect to guardianship proceedings, an individual with no personal interest in the proceedings and who meets the qualifications identified in Idaho supreme court rule. A visitor may either be an employee of or appointed by the court. If appointed, a visitor becomes an officer of the court.
(2) A visitor must report to the court on the status of the person proposed to be under guardianship. All reports must be under oath or affirmation and must comply with Idaho supreme court rules.
(3) A visitor shall be personally immune from any liability for acts, omissions or errors in the same manner as if such visitor were a volunteer or director under the provisions of section 6-1605, Idaho Code.
(4) A visitor cannot serve as guardian ad litem. The visitor and the guardian ad litem for the person proposed to be under guardianship may not be members or employees of the same entity.
(5) The visitor may request to order a criminal history and background check at the proposed guardian’s expense on any individual who resides in or may frequent the residence of the person proposed to be under guardianship. Any such check shall be conducted pursuant to section 56-1004A(2) and (3), Idaho Code.
History:
[15-5-308, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 20, p. 510; am. 1997, ch. 201, sec. 1, p. 576; am. 1999, ch. 128, sec. 2, p. 371; am. 2002, ch. 217, sec. 1, p. 595; am. 2008, ch. 74, sec. 1, p. 195; am. 2013, ch. 262, sec. 1, p. 640; am. 2017, ch. 261, sec. 4, p. 647.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 3 - GUARDIANS OF INCAPACITATED PERSONS
Section 15-5-303 - PROCEDURE FOR COURT APPOINTMENT OF A GUARDIAN OF AN INCAPACITATED PERSON.
Section 15-5-304 - FINDINGS — ORDER OF APPOINTMENT.
Section 15-5-305 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.
Section 15-5-306 - TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON.
Section 15-5-307 - REMOVAL OR RESIGNATION OF GUARDIAN — TERMINATION OF INCAPACITY.
Section 15-5-308 - VISITOR IN GUARDIANSHIP PROCEEDING.
Section 15-5-309 - NOTICES IN GUARDIANSHIP PROCEEDINGS.
Section 15-5-310 - TEMPORARY GUARDIANS OF INCAPACITATED PERSONS.
Section 15-5-311 - WHO MAY BE GUARDIAN — PRIORITIES.
Section 15-5-312 - GENERAL POWERS AND DUTIES OF GUARDIAN.
Section 15-5-313 - PROCEEDINGS SUBSEQUENT TO APPOINTMENT — VENUE.
Section 15-5-314 - COMPENSATION AND EXPENSES.
Section 15-5-315 - GUARDIAN AD LITEM — DUTIES.
Section 15-5-316 - GUARDIAN AD LITEM — RIGHTS AND POWERS.
Section 15-5-318 - TERMINATION OR MODIFICATION OF GUARDIANSHIP.