Potential Guardian-Conservator Commonly Used Terms

 

Conservator means a person who is appointed by a court or will to manage the estate and finances of a protected person.

 

Court Visitor is a person who visits with the potential guardian or conservator, incapacitated person and other people and reports back to the court. 

 

Disability means any mental or physical impairment which substantially limits one or more major life activities of the individual including, but not limited to, self-care, manual tasks, walking, seeing, hearing, speaking, learning, or working, or a record of such an impairment, or being regarded as having such an impairment.

 

Estate means all property of the person, including community property of a surviving spouse subject to administration.

 

Guardian means a person appointed by the court or a will who has responsibilities of a parent over another.

 

Incapacitated Person means any person who is impaired except by minority to the extent he cannot make responsible decisions.

 

Interested Person means anyone who petitions the court and has an interest in a guardianship or conservatorship proceeding. Examples include children, spouses, creditors or someone who might be affected by the proceedings.

 

Protected Person means a minor or other person for whom a conservator is appointed or other protective order has been made. Protected person, incapacitated person and ward are often used interchangeably. 

 

Ward means the person for whom a guardian or conservator is appointed.

File a Complaint

 

Bench Cards may be found under Resources and Media here.

 

I.C.A.R. 54 - Guardianships and Conservatorships

Every individual seeking appointment as a guardian or conservator shall file with the court a certificate of completion of the Supreme Court's online training course prior to the issuance of permanent letters of guardianship or conservatorship. 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 31-3201 G, Idaho Code. Completion of the course or fees may be waived by the court. Effective Date: July 1, 2020.

> 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