Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Guardianship law in Boise, United States deals with the legal process of appointing a person to make decisions for another (known as a ward) who is unable to manage their personal, financial, or medical affairs. This can be for minors, adults with intellectual or developmental disabilities, and elderly people with reduced capacities. Legal responsibilities range from making daily decisions to control considerable assets, making guardianship a significant commitment.
A person may need a lawyer's help in guardianship matters for various reasons. If you're considering becoming a guardian, an attorney can guide you through the complicated legal process. In the case of contesting a guardianship, it becomes necessary to have a lawyer who can advocate for your concerns legally. Lawyers can also help in managing legal and fiduciary responsibilities post establishing guardianship, and assist in ending the guardianship when it's no longer required.
Boise's guardianship laws fall under Idaho statute Title 15 and its rules of civil procedures. These laws give priority to family members as guardians, but if no suitable family member is available, a professional guardian may be appointed. The judge has a lot of discretion in these matters. A general guardian has control over both personal matters and property, while a limited guardian has restricted rights, based on court's order. An emergency temporary guardianship can also be appointed under certain circumstances.
Any competent adult, professional guardian, or private fiduciary may serve as a guardian. Preference is generally given to family members unless it's against ward's best interest.
A guardian can only be appointed by the court. An interested person must file a petition for guardianship, following statutory procedures.
It greatly depends on the complexity of the case, but typically it can take several weeks to months. However, an emergency temporary guardian can be appointed within days.
Yes, a guardianship can be contested by any interested person including the proposed ward, by providing evidence that the ward is capable of making their own decisions or that a different guardian would be better.
Yes, a guardianship can end when the ward dies, the ward regains capacity, the ward becomes 18, or if the court determines that it's in the ward's best interest.
For more help, Idaho's Legal Aid Services provides free advice on guardianship cases. The Idaho Council on Developmental Disabilities may also provide relevant resources. The Sixth Judicial District Court in Bannock County offers an information booklet on adult guardianships.
If you need legal assistance with guardianship in Boise, the first step is to consult with a lawyer who specializes in guardianship or elder law. Prepare for the meeting by gathering all relevant documents, and list any questions or concerns you may have. The lawyer can guide you through the process, representing your best interests throughout the entire proceedings.
