15-5-401. PROTECTIVE PROCEEDINGS. Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows:
(a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by his minority, or that funds are needed for his support and education and that protection is necessary or desirable to obtain or provide funds.
(b) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (1) the person is unable to manage his property and affairs effectively for reasons such as mental illness, mental disability, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (2) the person has property which will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by him and that protection is necessary or desirable to obtain or provide funds.
History:
[15-5-401, added 1971, ch. 111, sec. 1, p. 233; am. 1989, ch. 241, sec. 3, p. 589; am. 2010, ch. 235, sec. 5, p. 547.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 5 - PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 4 - PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
Section 15-5-401 - PROTECTIVE PROCEEDINGS.
Section 15-5-402 - PROTECTIVE PROCEEDINGS — JURISDICTION OF AFFAIRS OF PROTECTED PERSONS.
Section 15-5-404 - ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER.
Section 15-5-406 - PROTECTIVE PROCEEDINGS — REQUEST FOR NOTICE — INTERESTED PERSON.
Section 15-5-407 - PROCEDURE CONCERNING HEARING AND ORDER ON ORIGINAL PETITION.
Section 15-5-407A - TEMPORARY AND EMERGENCY APPOINTMENTS.
Section 15-5-408 - PERMISSIBLE COURT ORDERS.
Section 15-5-409 - PROTECTIVE ARRANGEMENTS AND SINGLE TRANSACTIONS AUTHORIZED.
Section 15-5-409a - COMPROMISE OF CLAIM OF MINOR — PROCEDURE.
Section 15-5-410 - WHO MAY BE APPOINTED CONSERVATOR — PRIORITIES.
Section 15-5-412 - TERMS AND REQUIREMENTS OF BONDS.
Section 15-5-413 - ACCEPTANCE OF APPOINTMENT — CONSENT TO JURISDICTION.
Section 15-5-414 - COMPENSATION AND EXPENSES.
Section 15-5-415 - DEATH, RESIGNATION OR REMOVAL OF CONSERVATOR.
Section 15-5-416 - PETITIONS FOR ORDERS SUBSEQUENT TO APPOINTMENT.
Section 15-5-417 - GENERAL DUTY OF CONSERVATOR.
Section 15-5-419 - REPORTING REQUIREMENTS FOR CONSERVATORS.
Section 15-5-420 - CONSERVATORS — TITLE BY APPOINTMENT.
Section 15-5-421 - RECORDING OF CONSERVATOR’S LETTERS.
Section 15-5-423 - PERSONS DEALING WITH CONSERVATORS — PROTECTION.
Section 15-5-424 - POWERS OF CONSERVATOR IN ADMINISTRATION.
Section 15-5-425 - DISTRIBUTIVE DUTIES AND POWERS OF CONSERVATOR.
Section 15-5-426 - ENLARGEMENT OR LIMITATION OF POWERS OF CONSERVATOR.
Section 15-5-427 - PRESERVATION OF ESTATE PLAN.
Section 15-5-428 - CLAIMS AGAINST PROTECTED PERSON — ENFORCEMENT.
Section 15-5-429 - INDIVIDUAL LIABILITY OF CONSERVATOR.
Section 15-5-430 - TERMINATION OF PROCEEDING.
Section 15-5-433 - PROVISIONS FOR CONSERVATOR OF MINOR FROM AGE EIGHTEEN TO AGE TWENTY-ONE.