Guardianship and conservatorship in Idaho: who, where, cost

How a court can name a guardian or conservator in Idaho, what it costs and what to try first.

Checked against official sources: October 31, 2026.

Short answer

Guardian of an incapacitated person (full or limited); conservator; temporary guardian.

Court: Idaho district court in the place where the person lives or is present.

What guardianship or conservatorship is

What it is called

Guardian of an incapacitated person (full or limited); conservator; temporary guardian

When a court may appoint one

An 'incapacitated person' lacks sufficient understanding or capacity to make or communicate responsible decisions about their person. The court uses its authority to encourage maximum self-reliance and independence and makes orders only to the extent the person's actual limitations require; it may limit the guardian's powers. The person is examined by a physician or other qualified person, interviewed by a court visitor, and has a lawyer.

Law: Idaho Code §§ 15-5-101, 15-5-303, 15-5-304

Kinds

Guardian (full)
Limited guardian
Co-guardians (no more than two)
Temporary guardian
Conservator
Protective arrangements and single transactions

Law: Idaho Code §§ 15-5-301 to 15-5-318, 15-5-401 to 15-5-435

Who can ask, which court and your own choice

Who may ask

The incapacitated person or any person interested in their welfare.

Law: Idaho Code § 15-5-303(a)

Court

Idaho district court in the place where the person lives or is present.

Law: Idaho Code § 15-5-302

Choosing your own

In a power of attorney you may nominate a conservator of your estate. For guardian, the court appoints the person you prefer unless there is good cause; if you cannot express a preference, earlier statements including a durable power of attorney for health care may be considered, and a health care agent you named has priority after your stated preference.

Law: Idaho Code § 15-12-108(1); Idaho Code § 15-5-311

Effect on a power of attorney

If a court appoints a conservator (including a temporary conservator) or other fiduciary for some or all of your property, the agent is accountable to the fiduciary and the power of attorney ends unless the court orders otherwise.

Law: Idaho Code § 15-12-108(2)

Cost, fee waiver and forms

Forms: Idaho Court Assistance Office - guardianship and conservatorship forms (reporting forms, care plan, case information sheet, complaint form)
Supported Decision-Making guide (Idaho courts)
Steps: Steps

Other options and where to report abuse

Less restrictive options

Supported decision-making: The Idaho courts publish a Supported Decision-Making guide; from January 1, 2027 the new guardianship law lists supported decision-making among less restrictive alternatives the court must consider.
Protective arrangements and single transactions: The court can authorize a single transaction or protective arrangement instead of appointing a conservator.
Limited guardianship: The court may limit the guardian's powers to what the person needs.

Report abuse or exploitation

Idaho Commission on Aging - Adult Protective Services (reports go to your local Area Agency on Aging) · 1-877-471-2777

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Free help in Idaho

Report abuse or exploitation

Idaho Commission on Aging - Adult Protective Services (reports go to your local Area Agency on Aging) · 1-877-471-2777

Questions about powers of attorney in Idaho

How does guardianship or conservatorship work in Idaho?

What are the alternatives to guardianship in Idaho?

Supported decision-making; Protective arrangements and single transactions; Limited guardianship.

More for Idaho

Federal rules everywhere

These rules come from federal law and apply in every state.

Social Security and SSI — A power of attorney does not let the agent handle someone's Social Security or SSI payments. The Treasury Department does not recognize a power of attorney for federal payments. More →
Law: SSA POMS GN 00502.139 (A.6, B.5)
VA benefits — If a veteran or other VA beneficiary cannot manage VA benefits, VA appoints a fiduciary. VA decides that a person cannot manage their financial affairs only after it receives medical evidence or after a court has already decided this. More →
Taxes (IRS) — To let someone represent you before the IRS, use Form 2848. The person must be eligible to practice before the IRS; this includes certain family members: a spouse, parent, child, brother, sister, grandparent, grandchild, step-parent, step-child, step-brother or step-sister.
Law: IRS, Instructions for Form 2848 (Rev. Sept. 2021); Form 2848 (Rev. Jan. 2021)
Medicare and health privacy — 1-800-MEDICARE can share a person's information with you only with that person's written permission on Form CMS-10106 (online through their Medicare.gov account, or by mail). If you sign as a personal representative, attach a copy of the paper that shows you can act for the person, such as a power of attorney.
Law: CMS, Form CMS-10106 (03/2026)
Hospitals and your directive — Hospitals, nursing homes, home health agencies and hospice programs that take Medicare or Medicaid, and Medicare and Medicaid health plans, must give adult patients written information about their rights under state law to accept or refuse treatment and to make advance directives. More →
Law: 42 U.S.C. 1395cc(f) (Patient Self-Determination Act); 42 U.S.C. 1396a(w) (Medicaid)
Military — A military power of attorney, notarized under federal military notary law or other state or federal law, does not have to meet any state's form, signing or recording rules.
Law: 10 U.S.C. 1044b
If you are an agent — An agent is a fiduciary. The federal consumer agency (CFPB) describes four basic duties. Your state law and the document itself may add more. More →
Report exploitation — Adult protective services agencies receive and investigate reports of suspected abuse, neglect or financial exploitation of older adults and adults with disabilities. You can also call the police or sheriff.