The Collaborative Legal Planning Process™ was developed after years of assisting families obtain guardianship and conservatorship for their loved ones with special needs.
It is important to know that guardianship and conservatorship are not appropriate for every person with special needs, and the Collaborative Legal Planning Process™ helps families identify the appropriate level of support needed to help their family member be safe, protected, loved, happy, and to the greatest extent possible, self-reliant.
As part of your Collaborative Legal Plan™, we spend time with you to understand the individual who needs support and your family, so that we can help you identify the goals of your plan. If it is determined that guardianship and/or conservatorship is an appropriate option, we help you gather supporting medical reports and create the documents required by the Court.
When a loved one can’t safely manage life on their own anymore, families might wonder: How do we protect them? How do we handle their bills, care, or property legally?
At Alan R. Harrison Law, we help everyday Idahoans navigate these deeply personal questions. We guide families through guardianship and conservatorship laws so you can step in with confidence and compassion when someone you love needs extra help.
Our office is based in Idaho Falls, but our work stretches across the state—from family homes in Coeur d’Alene and Post Falls to farming communities near Rupert and Buhl, to mountain towns like McCall and Sun Valley. Whether you're caring for a loved one in Boise or building a plan in Salmon or Sandpoint, we’re here to help you and your family.
No matter where you live, our goal stays the same: to help you create a clear legal plan that protects your loved one’s best interests without unnecessary stress or family conflict.
In Idaho, guardianship gives someone legal authority to make essential life decisions for an adult who can no longer do so safely. This includes not just medical and day-to-day choices, but also decisions about where someone lives, how their safety is managed, and how their personal needs are met. For example:
These documents allow someone you trust to step into your shoes and make decisions when you're unable to communicate or act for yourself—whether temporarily or permanently.
A healthcare power of attorney gives your chosen agent the ability to make medical decisions if you’re injured or ill and can’t communicate your wishes. Paired with a HIPAA release, it ensures your loved ones can access your medical records, speak with doctors, and coordinate care.
For example, if you're in a farming accident near Rupert or have a skiing injury in Sun Valley, your healthcare agent can speak directly with medical professionals to make decisions in your best interest—even if you're being airlifted to a larger hospital hours away. And in more rural towns like Arco or Preston, where hospital access may be limited, it helps streamline coordination across different providers.
A financial power of attorney authorizes someone to manage your money, pay bills, handle property, and make other financial decisions on your behalf.
Let’s say a retired teacher in Moscow has early-stage dementia and wants her son in Nampa to help manage her finances as her condition progresses. A financial power of attorney gives her son the legal ability to pay her bills, manage retirement income, and make property decisions when she can’t do so herself.
You can name the same person for both roles, or choose different agents depending on your family dynamics. For example, someone living in Lewiston might name her brother—an EMT in Coeur d’Alene—to make healthcare decisions, but choose her daughter in Boise to handle banking and property matters.
We help you think through who in your life is best suited for each responsibility—and how to talk with them about what you want.
While guardianship is about personal and medical choices, conservatorship gives you the legal ability to manage someone’s money, property, and financial affairs. For example, you might need a conservatorship if:
Not everyone who needs a guardian also needs a conservator—and vice versa. We help you figure out what protections are truly necessary, and we prepare every legal document the court will need.
Our team makes sure the financial side of care stays secure—without surprises down the road.
Many law firms handle forms, filings and the hearing. We go further. Our team includes people who have been caregivers and guardians themselves, so we know the emotions families feel. We use our Collaborative Legal Planning Process™ to work through complex family dynamics, explain your responsibilities in plain language, and make sure you feel supported every step of the way.
The Collaborative Legal Planning Process™ was developed after years of assisting families obtain guardianship and conservatorship for their loved ones with special needs.
It is important to know that guardianship and conservatorship are not appropriate for every person with special needs, and the Collaborative Legal Planning Process™ helps families identify the appropriate level of support needed to help their family member be safe, protected, loved, happy, and to the greatest extent possible, self-reliant.
As part of your Collaborative Legal Plan™, we spend time with you to understand the individual who needs support and your family, so that we can help you identify the goals of your plan. If it is determined that guardianship and/or conservatorship is an appropriate option, we help you gather supporting medical reports and create the documents required by the Court.
From the courts in Bannock and Bonneville counties to remote areas in Lemhi or Idaho County, we work across the state. In many areas, we can appear virtually depending on the court’s policies. If travel is needed, we’ll talk with you about what makes the most sense for your case.
Guardianship and conservatorship decisions can be emotional and complex, but with the right help, they don’t have to be overwhelming. If you think someone you love may need this kind of legal protection, let’s talk about what’s right for your family. We’re ready to help you plan today for tomorrow’s security.
A guardian is a person appointed by the court to help someone else who is unable to make important life decisions. Guardians are tasked with helping the person make decisions about where and how they live, what care they receive, and who is involved in their care, but are not given authority over financial decisions.
In Idaho there are four types of court appointed guardianships.
Temporary Guardianship, also known as emergency guardianship, can be granted by the court when needed to protect health, safety, or welfare of a person until a guardianship petition can be heard by the court. The Idaho statutes that explain this type of guardianship can be found in Idaho Code § 15-5-207(5), Idaho Code § 15-5-310, and Idaho Code § 66-404A.
Minor Guardianships are granted when a person under the age of 18 does not have a parent who is able to care for them. This is frequently due to the death of the parents, but may also be granted when the parents are incarcerated or in some other way unable to care for their child. The Idaho statute that explains this type of guardianship can be found in Idaho Code § 15-5-201 et seq.
Developmental Disability Guardianship may be granted for adults who have a chronic disability before the age of 22.
There are specific criteria that must be met for a person to qualify for guardianship in this area, specifically:
The chronic disability must be attributed to an impairment, such as intellectual disability, cerebral palsy, epilepsy, autism, or other condition found to be closely related to or similar to one of these impairments that requires similar treatment or services, or is attributable to dyslexia resulting from such impairments; and
Results in substantial functional limitations in 3 or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, or economic self-sufficiency; and reflects the need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services that are of lifelong or extended duration and individually planned and coordinated.
The definition of “developmental disability” can be found in Idaho Code § 66-402(5). The Idaho statutes that explain this type of guardianship can be found in Idaho Code § 66-401 et seq.
Guardianship for Incapacity is granted for adults who are considered impaired to the extent they lack sufficient understanding or capacity to make or communicate responsible decisions. The Idaho statutes that defines incapacity can be found in Idaho Code § 15-5-101. The Idaho statutes that explain this type of guardianship can be found in Idaho Code § 15-5-301 et seq.
A conservator is a person appointed by the court to help someone who is unable to make financial decisions. Conservatorship is different than guardianship because it only gives the conservator the authority to manage assets, not make decisions about how the person lives, what care they receive, and who is involved in their care.
It is important to know that a conservator for a minor has the same duties and powers as a guardian.
Conservatorship can be granted at the same time as guardianship, or can be done as a separate process. Not all people who need a guardian also need a conservator. This is especially true if the person has no income beyond government benefits.
The Idaho statutes that explain conservatorship for incapacitated individuals can be found in Idaho Code § 15-5-401 et seq. The Idaho statute specific to individuals with developmental disabilities can be found at Idaho Code § 401 et seq.
The specific statutes setting out the conservator's duties and powers can be found in Idaho Code § 15-5-424 and Idaho Code § 15-5-425.
To be named a guardian and/or a conservator, a person must go through a court process to obtain an order from a judge. Appropriate documentations are submitted to the court to demonstrate a need, and in some cases, a court appointed committee must interview the person being considered for guardianship/conservatorship as well as the proposed guardian/conservator. This process can take several months.
Temporary guardianship can be completed in less time than other types of guardianship, but is completed as part of the regular guardianship court process, so requires much of the same documentation to be submitted.
In general, a guardian has the same powers and responsibilities as a parent, except they are not legally obligated to pay for the person with their own funds, and they are not liable for the actions of that person.
Guardians are allowed to set up living arrangements in or out of the state of Idaho.
Guardians and conservators are required to file annual reports with the court. (See more information below.)
You can read more about the duties of a guardian in Idaho Code § 15-5-312.
Guardian
Proposed Care Plan (We usually file this report for our clients before the guardianship hearing.)
Annual Status Report (for an Adult or Minor) (Required annually, within 30 days after the anniversary of being appointed as guardian.)
Conservator
Inventory and Financial Plan (Also called the 90 Day Inventory, this document is required within 90 days after being appointed as a conservator.)
Annual Accounting (You can use either the regular or small estate form as appropriate.) (Required annually, within 30 days after the anniversary of being appointed as conservator.)
If you need a copy of the forms you are required to fill out, you can find them on the Court Assistance Office of the State of Idaho Judicial Branch website. You can find a more detailed description of each form on the Guardianships & Conservatorships website.
If you need help filling out the required forms, each Judicial District has a Guardianship and Conservatorship Monitoring Coordinator that can help.
Not everyone who needs extra support requires guardianship or conservatorship. In some cases, less restrictive alternatives can provide the right level of assistance while allowing the person to maintain more independence. Some alternatives might include:
Supported Decision-Making Agreements – This can let individuals retain their independence while receiving guidance from trusted family members or advisors. The individual makes their own choices but has a structured support system to help them understand their options. However, it is important to remember that in Idaho these are informal agreements that work best when the person who needs the support is able and willing to accept the help.
Power of Attorney (POA) – If your loved one has the ability to understand what they are signing, they may grant a trusted person the authority to make decisions on their behalf.
A Financial POA allows someone to manage bills, banking, and other financial matters.
Living Will and Durable Power of Attorney for Health Care – allows you or a loved one to clearly state your wishes for medical care if you are ever unable to speak for yourself. The Durable Power of Attorney for Health Care lets you name someone you trust to make healthcare decisions on your behalf.
The Living Will portion outlines the types of life-sustaining treatment you do or do not want in end-of-life situations.
Representative Payee for Social Security Benefits – If a loved one only needs help managing government benefits, a designated person can be assigned to handle those funds without requiring full conservatorship.
Trusts – A special needs trust or similar financial tool can help manage assets while preserving government benefit eligibility.
Choosing the right solution depends on your loved one’s needs. Through our Collaborative Legal Planning Process™, we help families determine whether an alternative option makes sense or if guardianship or conservatorship is necessary.
Guardianship or conservatorship is appropriate when a person is unable to make safe or informed decisions on their own and no other legal protections are in place. Some common situations where families seek these legal arrangements include:
Young Adults with Special Needs – When a child turns 18, parents no longer have the legal authority to make decisions on their behalf. If ongoing support is needed, guardianship can help ensure they receive the care they need.
Cognitive Challenges – If an adult struggles with decision-making due to conditions such as memory loss or other challenges, guardianship may be needed to ensure their safety.
Family Disagreements – These legal tools may also be needed when families disagree about how best to help their loved one. In some cases, well-meaning relatives may try to influence the individual to change their powers of attorney, leading to confusion or conflict. A court-appointed guardian or conservator can help provide clarity, protection, and stability in these situations.
Serious Medical Conditions – Some individuals are unable to manage their healthcare needs and require a guardian to make medical decisions on their behalf.
Financial Vulnerability – If someone is unable to manage money responsibly or is at risk of financial exploitation, a conservator can be appointed to protect their assets.
Minors Without Parental Support – When a child’s parents are unable to care for them due to incarceration, illness, or other reasons, a guardian may be appointed to ensure they receive proper care and stability.
If you’re unsure whether your situation requires guardianship or conservatorship, we can help you explore the best course of action for your family.
We’re happy to sit down with you, answer your questions, and talk through your options—at your pace, and on your terms.
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