15-5-433. PROVISIONS FOR CONSERVATOR OF MINOR FROM AGE EIGHTEEN TO AGE TWENTY-ONE. If so stated in the order appointing such conservator, or in any supplemental order entered prior to the time the minor reaches the age of eighteen (18) years, the conservator for a minor (said minor being hereinafter referred to as the "protected person") shall act until the protected person reaches the age of twenty-one (21) years, subject to the following provisions:
(a) The court may state in such order special terms and conditions for such conservator when acting while the protected person is of the age of eighteen (18) years or more, but less than the age of twenty-one (21) years;
(b) Upon reaching the age of eighteen (18) years, the protected person may, at any time thereafter, petition the court to terminate or modify the conservatorship prior to the protected person attaining the age of twenty-one (21) years. Said petition must be based on the ability of the minor to adequately manage his or her own financial affairs, demonstrated by appropriate evidence, including:
(1) Demonstrated ability to manage his or her financial affairs;
(2) Submission of budgets and other appropriate similar documents;
(3) Employment history;
(4) Educational history;
(5) Criminal history; and
(6) Other relevant evidence;
(c) The burden of showing such financial management ability shall be upon the protected person and must be demonstrated by clear and convincing evidence thereof; and
(d) The court may, in its discretion, order reports to be filed by the conservator, and/or a court visitor, and/or may appoint a guardian ad litem for the protected person.
The original determination of whether to extend the conservatorship to age twenty-one (21) years shall be within the discretion of the court and may be based on such factors as the court deems to be relevant to such determination.
History:
[15-5-433, added 1996, ch. 423, sec. 1, p. 1447.]
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.