Consider putting a Financial Power of Attorney and a Healthcare Power of Attorney in place now, before you need them.
Many people take this step early, well before incapacity ever becomes a concern. Doing so typically means the courts won’t need to step in and appoint a guardian or conservator — a court-supervised individual who manages another person’s affairs.
That said, a conservatorship or guardianship can still become necessary even when powers of attorney already exist. This might happen if the named agent (or “attorney-in-fact”) is unable or unwilling to serve or has been disqualified due to misconduct; if the incapacitated person poses a danger to themselves or others; or if family members can’t agree on who should be making decisions — or disagree with the decisions being made. In these circumstances, the court, appointing a conservator or guardian may be the only path forward. (A Guide to Elder Law Practice, Timothy L. Takacs, 2007.)
When a court decides a conservator is needed, Idaho Code § 15-5-410 sets out who should be considered, in this order:
- someone nominated by the incapacitated person in a financial power of attorney;
- the incapacitated person’s spouse;
- an adult child;
- a parent; or
- a relative the person has lived with for at least six months before the
petition was filed.
The court has discretion to depart from this order — or choose someone else entirely — if doing so serves the incapacitated person’s best interest.
Court-appointed conservatorship or guardianship has trade-offs:
1. Advantage — Guardians and conservators operate under court supervision and must file annual accountings.
2. Disadvantage — The process can be costly, involving court costs, visitor fees, and attorney’s fees.
Planning ahead means you get a say in the decisions that matter most for your life.
Visit our website to read our booklet, “A Senior’s Legal Guide,” or stop by our office to pick up a copy in person. It walks you through what you need to have in place in case of incapacity.
Tom Packer is an Elder Law Attorney serving all Southeast Idaho. As part of his law practice, Tom offers Life Care Planning to deal with the challenges created by long-term illness, disability and incapacity. If you have a question about a Senior’s legal, financial or healthcare needs, please call us.
July 2026