The three most common scenarios for guardianship in Idaho are as follows:

An elderly person no longer has the capacity to care for himself or herself

A special needs person has attained the age of eighteen but cannot assume adult responsibilities. A minor child’s parents cannot care for a child

Guardianship requires approval from a court and courts take this responsibility very seriously. In fact, before a court grants a guardianship, a court must make specific findings that the guardianship is in the proposed ward’s (a ward is the person seeking guardianship) best interest, and that the proposed guardian is both willing and capable to care for the person seeking guardianship. Depending on the situation, it is common for courts to order the following things to occur:

• Home Visits
  An attorney called a guardian ad litem to represent the interests of the proposed ward. This attorney is usually required to make a written report documenting his or her findings and recommendations.
• Doctor Evaluations
  Idaho courts are careful to grant guardianship in a manner “so as to encourage the development of maximum self-reliance and independence of the incapacitated person, and make appointive and other orders only to the extent necessitated by the incapacitated person’s actual mental and adaptive limitations or other conditions warranting the procedure.” Idaho Code § 15-5-304. Idaho courts take this requirement very seriously. Prior to granting a guardianship, judges carefully review the guardianship paperwork and typically ask many clarifying questions at hearings for guardianship. A hearing is required. Because conservatorship is typically part of guardianship, the paperwork and court hearing will likely deal extensively with the ward’s financial affairs as well.