Guardianship of a Child or Adult in Idaho

Any relative, the minor if 14 or older, or anyone interested in the minor's welfare may petition the court, with notice to the minor (if 14 or older), whoever cared for the child in the last 60 days, and each living parent. The court may appoint a guardian if parental rights have been terminated or it finds the child has been neglected, abused or abandoned, or the parents cannot provide a stable home; failing without just cause to maintain a normal parental relationship for six months is prima facie evidence of abandonment. The child's best interest is the primary factor. A parent's military deployment alone is not neglect or abandonment.

The person or anyone interested in his or her welfare may petition for a finding of incapacity and appointment of a limited or general guardian; the law favors the least restrictive form of guardianship. The petition must include a plan for the guardian's actions. The court appoints a lawyer unless the person has one, and the person must be examined by a physician. The court may appoint a guardian if satisfied the person is incapacitated and the appointment is necessary or desirable for continuing care and supervision, and must limit orders to the person's actual limitations to encourage maximum self-reliance; it can instead order a protective arrangement, another order, or dismiss.