Idaho § 15-5-316 GUARDIAN AD LITEM — RIGHTS AND POWERS

Idaho Statutes

§ 15-5-316 — GUARDIAN AD LITEM — RIGHTS AND POWERS

Idaho § 15-5-316

Title 15UNIFORM PROBATE CODE

Part 3.GUARDIANS OF INCAPACITATED PERSONS

Ch. 5PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

This text of Idaho § 15-5-316 (GUARDIAN AD LITEM — RIGHTS AND POWERS) 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 § 15-5-316 (2026).

Text

The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-315, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first.

(1)The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the ward, and to have all of the rights of the ward, whether conferred by statute, rule of court, or otherwise.

(2)All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the guardian’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the ward.

(3)Except

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The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-315, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first.
(1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the ward, and to have all of the rights of the ward, whether conferred by statute, rule of court, or otherwise.
(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the guardian’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the ward.
(3) Except to the extent prohibited or regulated by federal law, upon presentation of a copy of the order appointing the guardian ad litem, any person or agency including, without limitation, any hospital, school organization, department of health and welfare, doctor, nurse or other health care provider, psychologist, psychiatrist, police department, or mental health clinic, shall permit the guardian ad litem to inspect and copy pertinent records relating to the ward necessary for the proceeding for which the guardian ad litem has been appointed.
(4) The guardian ad litem may request, and the court may order whether in response to such request or otherwise, a criminal history and background check to be conducted at the proposed guardian’s expense on any individual who resides in the ward’s proposed residence. Any such check shall be conducted pursuant to section 56-1004A (2) and (3), Idaho Code.

Legislative History

[15-5-316, added 2005, ch. 49, sec. 2, p. 182; am. 2008, ch. 74, sec. 4, p. 197; am. 2013, ch. 262, sec. 3, p. 642; am. 2015, ch. 246, sec. 1, p. 1042.]