NGA State Advocacy and Phone2Action:
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Frequently Asked Questions
A procedure whereby a competent, suitable person is appointed by the court to take care of another person called the “ward.”
A child under the age of 18 whose biological parents are unable to provide the necessary care because of death, termination of rights or circumstance, a developmentally disabled (retarded), or incapacitated person.
No. The law specifically provides that a guardian shall not be liable for the ward’s debts. The guardian is not personally responsible for payment of the ward’s medical and nursing, home care, clothing, food, and necessities.
The ward’s estate pays the fees and costs associated with the petition and appointment of a guardian.
Letters of Guardianship are your proof of authority. They cannot be revoked by anyone other then the Court. The ward cannot be influenced to make changes. The Letters of Guardianship are readily acceptable by all medical and long-term care institutions. Although a durable power of attorney for health care may suffice for a short-term medical emergency, a guardian should be appointed in a long-term care situation. Taking a shortcut may result in your loved one not receiving the attention he or she needs.
The main purpose of a trust is to provide administration of financial assets. A living trust may provide assistance in the management of the ward’s affairs, but does not relate to decisions involving health care, living arrangements, and activities of daily living. The trustee of a living trust does not have this authority, and a living trust is not a substitute for guardianship.
The Court may order the Conservator to come to Court and give testimony regarding why the accounting was not filed. The Court may impose penalties for failure to file the accounting, including penalties for contempt of court.
Prepared by: The Tax Probate & Trust Law Section of the Idaho State Bar