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Idaho Code · § 15-12-108 — Nomination of conservator — relation of agent to court-appointed fiduciary

15-12-108. Nomination of conservator — relation of agent to court-appointed fiduciary

(1) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate are thereafter commenced.

(2) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, including appointment of a temporary conservator pursuant to section 15-5-407A, Idaho Code, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is terminated unless otherwise ordered by the court.

15-12-108. Nomination of conservator — relation of agent to court-appointed fiduciary. [effective January 1, 2027] (1) In a power of attorney, a principal may nominate a conservator of the principal’s estate for consideration by the court if protective proceedings for the principal’s estate are thereafter commenced.

(2) If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, including appointment of a temporary conservator pursuant to section 15-5-125, Idaho Code, the agent is accountable to the fiduciary as well as to the principal. The power of attorney is terminated unless otherwise ordered by the court.

Source notes

This provision is effective until January 1, 2027.

History and annotations

15-12-108, added 2008, ch. 186, sec. 2, p. 562; am. 2013, ch. 144, sec. 1, p. 341; am. 2026, ch. 79, sec. 11, p. 396.

Official source for this version

Source captured 2026-09-26. Open the official source.

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