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Guardianships

Guardianship means obtaining the legal authority to make decisions for another person. A “guardian” is the person appointed by the court to make decisions on behalf of someone else. The person over whom the guardianship is granted (the child or the adult) is referred to as the “protected person.”

Types of Guardianships

  • Guardianship over the Person: this type of guardianship means the guardian is responsible for the well-being and care of the protected person. The guardian will be able to make personal and medical decisions for the person, including healthcare decisions, decisions about where the person will live, and in the case of children, decisions regarding school. 

  • Guardianship over the Estate: this type of guardianship allows the guardian to make financial decisions for the person. Court approval is typically needed to spend or sell any of the person’s assets, even after a guardianship is granted. 

  • Guardianship over the Person and Estate: this type of guardianship allows the guardian to make personal, medical, and financial decisions for the protected person. 

Developmentally Disabled

Minors

Incapacitated Adult

Guardianship of a Minor Child

Why Might a Guardianship be Necessary?

Normally, parents have the legal right to make decisions for their children, and adults have the legal right to make decisions for themselves. Sometimes this is not possible, and someone else needs to step in to take care of a child or an adult.

A guardianship may be needed over a child if there is no parent available to care for a child.  A guardian over the child's estate may be needed if the child inherited assets (for instance, life insurance or cash accounts).  This protects the assets until the child is an adult. 

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A guardianship may be needed over a child if there is no parent available to care for a child.  A guardian over the child's estate may be needed if the child inherited assets (for instance, life insurance or cash accounts).  This protects the assets until the child is an adult. 

Temporary Guardianship by Power of Attorney

Parents can sign a voluntary short-term guardianship to place children in the care of another person temporarily without going to court.  Idaho has two versions of this temporary guardianship called Delegation of Parental Authority.  If the person to be appointed is not a relative, then the short-term guardianship automatically expires six months after the document is signed.  If the person appointed is a close relative, the guardianship can be for up to three (3) years.   The parents and temporary guardian must sign and notarize the agreement.

Guardianship of a Developmentally Disabled Person

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A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor or ward including, but not limited to, powers for medical care and educational care of the minor or ward, except the parent’s or guardian’s power to consent to marriage or adoption of a minor or ward. 

Guardianship of an Incapacitated Adult

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A guardianship may be needed over an adult if the adult is incapacitated, meaning the person is unable to take care of himself or herself due to mental illness, mental deficiency, disease, or mental incapacity.  There are a number of alternatives to guardianship that may work better than a court-ordered guardianship. 

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A parent or a guardian of an incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six (6) months, any of the parent’s or guardian’s powers regarding care, custody, or property of the minor or ward including, but not limited to, powers for medical care and educational care of the minor or ward, except the parent’s or guardian’s power to consent to marriage or adoption of a minor or ward. 

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