Amends, repeals, and adds to existing law to establish the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act.

This bill is an update of current Idaho Code sections that address guardianship and conservatorship for adults and minors. These are found in the Uniform Probate Code (Title 15, Chapter 5) and in The Care and Treatment of Individuals with Developmental Disabilities (Title 66, Chapter 4). This legislation is the result of over five (5) years of intense study of issues related to guardianship and conservatorship by legal experts, community groups, and others. This bill adds further protections on multiple levels for those involved in the guardianship and conservatorship processes. It provides clarity in areas where questions have arisen in the current Code. It providesmultipledetailedalternativestoformalguardianshipandconservatorshipcourtproceedings, including ProtectiveArrangementsandSupportedDecisionMaking. ItretainsmultipleIdahoproceduresthatareworking well. It requires detailed information at the beginning of a guardianship or conservatorship process under the Code. It protects the constitutional rights of persons subject to the Code or those affected by proceedings under the Code, including more stringent notice provisions and required written statements of rights both at service of the petition and before hearings. It sets higher standards of evidence (usually “clear and convincing”). It also moves the conservatorship and guardianship provisions for persons with developmental disabilities into the Probate Code. This gives the additional protections in the Probate Code while retaining all the existing protections for individuals with developmental disabilities. The bill also organizes the Code into a more logical set of chapters.