Idaho State Statutes - Idaho Attorney Directory

(1) If it is determined that the
respondent is not developmentally disabled but appears in need of protective
services, the court may cause the proceeding to be expanded or altered for
consideration under the uniform probate code.
(2) If it is determined that the respondent is able to manage financial
resources and meet essential requirements for physical health or safety, the
court shall dismiss the petition.
(3) If it is determined that the respondent is developmentally disabled
and is unable to manage some financial resources or meet some essential
requirements for physical health or safety, the court may appoint a partial
guardian and/or partial conservator on behalf of the respondent. An order
establishing partial guardianship or partial conservatorship shall define the
powers and duties of the partial guardian or partial conservator so as to
permit the respondent to meet essential requirements for physical health or
safety and to manage financial resources commensurate with his ability to do
so, and shall specify all legal restrictions to which he is subject. A person
for whom a partial guardianship or partial conservatorship has been appointed
under this chapter retains all legal and civil rights except those which have
by court order been limited or which have been specifically granted to the
partial guardian or partial conservator by the court.
(4) If it is determined that the respondent is developmentally disabled
and is unable to manage financial resources or meet essential requirements for
physical health or safety even with the appointment of a partial guardian or
partial conservator, the court may appoint a total guardian and/or total
conservator.
(5) In the event that more than one (1) person seeks to be appointed
guardian and/or conservator, the court shall appoint the person or persons
most capable of serving on behalf of the respondent; the court shall not
customarily or ordinarily appoint the department or any other organization or
individual, public or private, that is or is likely to be providing services
to the respondent.
(6) Subject to the limitations of the provisions of subsection (7) of
this section, guardians or conservators may have any of the duties and powers
as provided in sections 15-5-312(a)(1) through (4), 15-5-424 and 15-5-425,
Idaho Code, and as specified in the order. Any order appointing a partial or
total guardian or partial or total conservator under the provisions of this
section must require a report to the court at least annually. In addition to
such other requirements imposed by law or order, the report shall include:
(a) A description of the respondent's current mental, physical and social
condition;
(b) The respondent's present address and living arrangement;
(c) A description of any significant changes in the capacity of the
respondent to meet essential requirements for physical health or safety or
to manage financial resources;
(d) A description of services being provided the respondent;
(e) A description of significant actions taken by the guardian or
conservator during the reporting period;
(f) Any significant problems relating to the guardianship or
conservatorship;
(g) A complete financial statement of the financial resources under the
control or supervision of the guardian or conservator; and
(h) A description of the need for continued guardianship or
conservatorship services.
(7) No guardian appointed under this chapter shall have the authority to
refuse or withhold consent for medically necessary treatment when the effect
of withholding such treatment would seriously endanger the life or health and
well-being of the person with a developmental disability. To withhold or
attempt to withhold such treatment shall constitute neglect of the person and
be cause for removal of the guardian. No physician or caregiver shall withhold
or withdraw such treatment for a respondent whose condition is not terminal or
whose death is not imminent. If the physician or caregiver cannot obtain valid
consent for medically necessary treatment from the guardian, he shall provide
the medically necessary treatment as authorized by section 39-4503(1)(g),
Idaho Code.
(8) A guardian appointed under this chapter may consent to withholding or
withdrawal of artificial life-sustaining procedures, only if the respondent:
(a) Has an incurable injury, disease, illness or condition, certified by
the respondent's attending physician and at least one (1) other physician
to be terminal such that the application of artificial life-sustaining
procedures would not result in the possibility of saving or significantly
prolonging the life of the respondent, and would only serve to prolong the
moment of the respondent's death for a period of hours, days or weeks, and
where both physicians certify that death is imminent, whether or not the
life-sustaining procedures are used; or
(b) Has been diagnosed by the respondent's attending physician and at
least one (1) other physician as being in a persistent vegetative state
which is irreversible and from which the respondent will never regain
consciousness.
(9) Any person, who has information that medically necessary treatment of
a respondent has been withheld or withdrawn, may report such information to
adult protective services or to the Idaho protection and advocacy system for
people with developmental disabilities, who shall have the authority to
investigate the report and in appropriate cases to seek a court order to
ensure that medically necessary treatment is provided.
If adult protective services or the protection and advocacy system
determines that withholding of medical treatment violates the provisions of
this section, they may petition the court for an ex parte order to provide or
continue the medical treatment in question. If the court finds, based on
affidavits or other evidence, that there is probable cause to believe that the
withholding of medical treatment in a particular case violates the provisions
of this section, and that the life or health of the patient is endangered
thereby, the court shall issue an ex parte order to continue or to provide the
treatment until such time as the court can hear evidence from the parties
involved. Petitions for court orders under this section shall be expedited by
the courts and heard as soon as possible. No bond shall be required of a
petitioner under this section.
(10) No partial or total guardian or partial or total conservator
appointed under the provisions of this section may without specific approval
of the court in a proceeding separate from that in which such guardian or
conservator was appointed:
(a) Consent to medical or surgical treatment the effect of which
permanently prohibits the conception of children by the respondent unless
the treatment or procedures are necessary to protect the physical health
of the respondent and would be prescribed for a person who is not
developmentally disabled;
(b) Consent to experimental surgery, procedures or medications; or
(c) Delegate the powers granted by the order.

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