Idaho Conservatorship Questionnaire

State:
Multi-State
Control #:
US-Q1007
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a conservatorship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Understanding Guardianship vs. Conservatorship Idaho Stat. § 15-5-201 says that a guardian is appointed by acceptance of a testamentary appointment or by the court. Conservatorship grants a third party responsibility over the finances of a minor or an incapacitated person.

Obtaining guardianship and conservatorship over an individual requires the commencement of a court action. The person seeking appointment as guardian or conservator must file an application for appointment with the court then go through the necessary procedural steps prior to appointment.

A guardian is appointed by the court to make decisions for the ward including basic care, residence, maintenance (i.e. doctor appointments), and responsibilities for personal effects such as clothing, furniture, and vehicles. The guardian also ensures that the ward's medical, social, and emotional needs are met.

In simple terms, legal guardianship is when the court appoints someone other than the biological parent the right to care for a minor. Custody, on the other hand, usually describes a parent caring for their own child.

Guardians have the same powers and responsibilities as a child's parent except they are not legally obligated to provide for the minor from their own funds. A guardian must take reasonable care of the minor's personal effects.

Idaho law permits the termination of parental rights where a ?parent has caused the child to be conceived as a result of rape, incest, lewd conduct with a minor child under the age of sixteen (16) years, or sexual abuse of a child under the age of (16) years . . ..?

(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.

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Idaho Conservatorship Questionnaire