Legal Question in Family Law in Idaho
Guardianship of Incapacitated person
My brother,2 years ago, suffered a massive heart attack, the blood supply was cut off for 5 - 10 minutes. His wife assumed guardianship. As the process occurred family members were consulted by the court. We supported the decision then. Since then his wife, [a history of depression etc.]had a breakdown and was unable to cope. There is a real concern about him receiving appropriate care. Is there a review process available where an independent third party can evaluate his current care situation and make recommendations without having a legal confrontation?
2 Answers from Attorneys
Re: Guardianship of Incapacitated person
Not really. you would have to go to court and ask for either some type of review or have her replaced.
Re: Guardianship of Incapacitated person
I'm not sure what you mean by a legal confrontation, however,
if you mean can you do this without judicial intervention, the answer
is no. You must file a petition to remove the guardian according to
Idaho Code section 15-3-307 entitled "Termination of guardianship for
incapacitated person". The court may appoint a visitor to visit the residence
of the present guardian and to the place where the ward resides to
observe conditions and report in writing to the court. You also
may petition the court as can any person interested in the ward's welfare
the court to find that the person is no longer incapacitated.
This is the only way to do this.
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