Idaho State Statutes - Idaho Attorney Directory

Unless otherwise apparent from
the context, in this code:
(a) "Incapacitated person" means any person who is impaired, except by
minority, to the extent that he lacks sufficient understanding or capacity to
make or communicate responsible decisions concerning his person, provided,
that the term shall not refer to a developmentally disabled person as defined
in section 66-402(5), Idaho Code, and provided further that:
(1) "Incapacity" means a legal, not a medical disability and shall be
measured by function limitations and it shall be construed to mean or
refer to any person who has suffered, is suffering, or is likely to
suffer, substantial harm due to an inability to provide for his personal
needs for food, clothing, shelter, health care, or safety, or an inability
to manage his or her property or financial affairs;
(2) Inability to provide for personal needs or to manage property shall
be evidenced by acts or occurrences, or statements which strongly indicate
imminent acts or occurrences; material evidence of inability must have
occurred within twelve (12) months prior to the filing of the petition for
guardianship or conservatorship;
(3) Isolated instances of simple negligence or improvidence, lack of
resources, or any act, occurrence, or statement, if that act, occurrence,
or statement is the product of an informed judgment, shall not constitute
evidence of inability to provide for personal needs or to manage property;
(4) "Informed judgment" means a choice made by a person who has the
ability to make such a choice, and who makes it voluntarily after all
relevant information necessary to making the decision has been provided,
and who understands that he is free to choose or refuse any alternative
available and who clearly indicates or expresses the outcome of his
choice;
(b) A "protective proceeding" is a proceeding under the provisions of
section 15-5-401, Idaho Code, to determine that a person cannot effectively
manage or apply his estate to necessary ends, either because he lacks the
ability or is otherwise inconvenienced, or because he is a minor, and to
secure administration of his estate by a conservator or other appropriate
relief;
(c) A "protected person" is a minor or other person for whom a
conservator has been appointed or other protective order has been made;
(d) A "ward" is a person for whom a guardian has been appointed. A "minor
ward" is a minor for whom a guardian has been appointed solely because of
minority.

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