15-5-407. PROCEDURE CONCERNING HEARING AND ORDER ON ORIGINAL PETITION. (a) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it must appoint an attorney to represent the minor, giving consideration to the choice of the minor if fourteen (14) years of age or older. A lawyer appointed by the court to represent a minor has the powers and duties of a guardian ad litem.
(b) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing.
Unless the person to be protected has counsel of his own choice, the court may appoint a lawyer to represent him who then has the powers and duties of a guardian ad litem. If the alleged disability is mental illness, mental disability, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.
(c) After hearing, upon finding that a basis of the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate order.
History:
[15-5-407, added 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 14, p. 319; am. 2010, ch. 235, sec. 6, 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.