Idaho Petition for Termination of Guardianship

State:
Idaho
Control #:
ID-CAO-GCM-11-1
Format:
PDF
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Description

This official form is a petition for termination of guardianship.

The Idaho Petition for Termination of Guardianship is a form used to request the court's permission to discontinue a guardianship of an individual. It is submitted to the probate court in the county in which the ward (the individual subject to the guardianship) resides. There are two types of Idaho Petition for Termination of Guardianship: voluntary and involuntary. A voluntary petition is used when the ward, their legal representative, or the guardian themselves is requesting the termination of the guardianship. An involuntary petition is used when a third party requests the court to remove the guardian from the guardianship. The petition must include information about the ward, the guardian, and the reasons why the guardianship should be terminated. The petitioner must also provide evidence to support their termination request. The court will then review the petition and, if approved, will issue an order granting the termination of the guardianship.

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FAQ

Step 1: Complete the form with as much detail as possible. Step 2: Mail or deliver the completed form to the county courthouse where the case was filed. Step 3: The court will notify you when the complaint is received and of any action or decisions made.

Terminating a Guardianship To resign, a guardian must ask the court for approval. If the ward still needs a guardian, the duties of the resigning guardian continue until a new guardian is appointed. The ward or the guardian may die.

Idaho Statutes 15-13-301. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO ANOTHER STATE. (1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state.

A parent of a minor may appoint a guardian of an unmarried minor by will, subject to the right of the minor under section 15-5-203, Idaho Code. The termination of parental rights of a parent as to the minor shall also terminate the right of that parent to appoint a guardian for the minor.

The general time limits are: five years for felonies, and. one year for misdemeanors.

No. A parent may not refuse to allow or cut back the other parent's visitation with the children simply because the other parent has not paid his/her child support. Payment of child support and visitation are legally independent matters. Both parents have the right to have a meaningful relationship with their children.

Idaho Statutes (1) A guardianship terminates upon the death of the ward or upon order of the court. (2) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian.

In all cases, either a hearing on the temporary guardianship or on the petition for guardianship itself must be held within ninety (90) days of the filing of any petition for guardianship of a minor. (d) The temporary guardian's authority may not exceed six (6) months unless extended for good cause.

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Idaho Petition for Termination of Guardianship