Standby Guardianship - Idaho

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Who Can Nominate a Standby Guardian

Citation: Ann. Code §§ 15-5-204; 15-5-206

The court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, abandoned, or whose parents are unable to provide a stable home environment. In all cases, the court shall consider the best interests of the child as the primary factor in the determination whether to appoint, and whom to appoint, as a guardian for the child. In determining the choice of a guardian for an unmarried minor, the advanced age or disability of a potential guardian shall not, in and of itself, be used as a criterion of the suitability of the potential guardian as long as the potential guardian is otherwise suitable.

The court may appoint as guardian any person whose appointment would be in the best interests of the minor. The court shall appoint a person nominated by the minor, if the minor is age 14 or older, unless the court finds the appointment contrary to the best interests of the minor.

How to Establish a Standby Guardian

This issue is not addressed in the statutes reviewed.

How Standby Authority is Activated

Citation: Ann. Code § 15-5-207

Proceedings for the appointment of a guardian may be initiated by the following persons:

  • Any relative of the minor
  • The minor if he or she is age 14 or older
  • Any de facto custodian of the child, as defined by § 15-5-213
  • Any person interested in the welfare of the minor

Notice of the time and place of hearing of a petition under this section is to be given by the petitioner to the following persons:

  • The minor, if he or she is age 14 or older
  • The person who has had the principal care and custody of the minor during the 60 days preceding the date of the petition
  • Any de facto custodian of the child
  • Any living parent of the minor

If the court finds, upon hearing, that a qualified person seeks appointment, venue is proper, the required notices have been given, the requirements of § 15-5-204 have been met, and the welfare and best interests of the minor will be served by the requested appointment, it shall make the appointment.

Involvement of the Noncustodial Parent

Citation: Ann. Code § 15-5-207

The court may waive notice to a living parent of the minor who is, or is alleged to be, the father of the minor if either of the following is true:

  • The father was never married to the mother of the minor and has failed to register his paternity.
  • The court has been shown to its satisfaction circumstances that would allow the entry of an order of termination of parental rights, even if termination of parental rights is not being sought as to such father.

Authority Relationship of the Parent and the Standby

This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: Ann. Code §§ 15-5-210; 15-5-212

A guardian's authority and responsibility terminates upon the death, resignation, or removal of the guardian; termination of the guardianship; or upon the minor's death, adoption, marriage, or attainment of majority. Resignation of a guardian without the appointment of a successor guardian does not terminate the guardianship until it has been approved by the court.

Any person interested in the welfare of a ward, or the ward who is age 14 or older, may petition for removal of a guardian or for modification or termination of the guardianship, on the ground that such removal, modification, or termination would be in the best interests of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.

After notice and hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.