Idaho § 15-5-306 TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON

Idaho Statutes

§ 15-5-306 — TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON

Idaho § 15-5-306

Title 15UNIFORM PROBATE CODE

Part 3.GUARDIANS OF INCAPACITATED PERSONS

Ch. 5PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

This text of Idaho § 15-5-306 (TERMINATION OF GUARDIANSHIP FOR INCAPACITATED PERSON) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 15-5-306 (2026).

Text

(1)Subject to subsection (2) of this section, the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 15-5-307 of this part. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.

(2)If a guardian has the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan pursuant to section 54-1142 (1), Idaho Code, then the guardianship shall conti

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(1) Subject to subsection (2) of this section, the authority and responsibility of a guardian for an incapacitated person terminates upon the death of the guardian or ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 15-5-307 of this part. Testamentary appointment under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination does not affect his liability for prior acts nor his obligation to account for funds and assets of his ward.
(2) If a guardian has the right to control the disposition of the remains of a deceased person or to determine provisions not clearly covered in a prearranged funeral plan pursuant to section 54-1142 (1), Idaho Code, then the guardianship shall continue as set forth in that section.

Legislative History

[15-5-306, added 1971, ch. 111, sec. 1, p. 233; am. 1972, ch. 201, sec. 19, p. 510; am. 2006, ch. 181, sec. 2, p. 562; am. 2025, ch. 137, sec. 2, p. 702.]