Guardianship/Conservatorship - Filing a Complaint

If you have a complaint about an appointed guardian or conservator fulfilling his/her statutory duties, please complete the steps below.

 

Examples may be: stealing the ward’s money, withholding necessary medical treatment, failure to provide necessary food or shelter, or physical abuse.

 

> Complaint Form (.rtf)

 

Step 1) Complete the form with as much detail as possible.

a) If you do not know an answer or it is not applicable, write “Unknown” or “N/A.” If any lines are left blank, the court may not review your complaint.

 

 

Step 2) Mail or deliver the completed form to the county courthouse where the case was filed. 

a) Mailing addresses can be found HERE.

b) Make a copy of the complaint for your records.

c) The content of the complaint may be given to the appointed guardian or conservator, judicial officers, and others. 

d) Your complaint will be filed in the court file.

e) You must sign and date the complaint; the court will not accept anonymous complaints.

 

 

Step 3) The court will notify you when the complaint is received and of any action or decisions made.

a) Generally this process takes 3 weeks.

Every individual seeking appointment as a guardian or conservator shall file with the court a certificate of completion of the Supreme Court’s on-line training course relating to the duties and responsibilities of a guardian or conservator prior to the issuance of permanent letters of guardianship or conservatorship unless otherwise waived by the court for good cause. The Supreme Court may charge a $25.00 fee to participants to cover the cost of furnishing this training. This fee shall be deposited in the guardianship pilot project fund as provided in section 31-3201G, Idaho Code. Effective Date: August 1, 2014.

> According to Idaho Court Administrative Rule 54.4 and 54.5 a court visitor or an IDHW evaluation committee must complete a differentiated case management tool (DCM tool) on a guardianship case where they are appointed and report the results back to the court. A DCM Tool is a an assessment tool that provides systemic identification of cases potentially needing more oversight in order to efficiently assign resources where most needed. You can find a copy of the required DCM tool here along with instructions.

> The Center for Elders and the Courts serves as a resource for the judiciary and court management on issues related to aging.  The center strives to increase judicial awareness of issues related to aging, provide training tools and resources to improve court responses to elder abuse and adult guardianships, and develop a collaborative community of judges, courts staff, and aging experts.

> Check out the Idaho State Bar’s Guardian & Conservator Q & A Pamphlet