Imagine your father in Rigby suffers a serious fall and is suddenly unable to make his own medical or financial decisions—and no medical power of attorney was ever set up. Or picture a teenager in Coeur d’Alene turning 18, but because of a disability, they can’t make decisions for themselves and urgently need someone to step in before the standard guardianship process is finished.
In Idaho, emergency or temporary guardianship provides a way for someone to quickly gain the legal authority to make decisions and ensure their loved one’s immediate care and protection.
At Alan R. Harrison Law, we guide Idaho families through this process with clarity and care, making sure every step complies with state law.
Emergency or temporary guardianship and/or conservatorship allows a court-appointed guardian to make decisions for another adult (called the ward) when there’s an urgent need. This might involve personal decisions, like medical care, or financial matters, like paying bills or securing housing.
In Idaho, temporary guardianship for an adult generally lasts up to 90 days. If ongoing help is needed, the court can either grant a limited extension, or after completing the full guardianship process, can transition to a permanent guardianship.
State law allows a variety of people and agencies to request this type of guardianship:
Family Members – A spouse, parent, adult child, sibling, or other close relative can file.
Example: If your brother in Idaho Falls is in a coma after an accident, you could petition to manage his medical care until he recovers if there is not a closer relative who could serve in that capacity..
State Agencies – Board of Community Guardians or similar agencies can file if there’s no suitable family member.
Example: If an isolated senior in Salmon is being financially exploited, the agency can step in to protect them.
Other Concerned Parties – Friends, neighbors, or others with a genuine interest in the person’s welfare can petition.
Example: If you’re a neighbor who notices your elderly friend in Emmett is no longer paying bills or eating regularly, you may be able to file if there are no closer relatives able to act as guardian.
Filing the Petition – You submit paperwork to the local court explaining why guardianship is needed, supported by evidence such as medical records or affidavits.
Court Review – The court reviews the request, often holding a hearing to decide if guardianship is in the person’s best interest. In urgent situations, a judge may act quickly to permit a temporary guardianship before a full hearing can be scheduled.
Duration – Temporary guardianships usually last no more than 90 days under Idaho law. Extending guardianship may be possible, or the guardian may choose to file for a permanent arrangement.
At Alan R. Harrison Law, our Collaborative Legal Planning Process™ is designed to walk you through difficult decisions with compassion and clarity; you’re never facing this alone.
Whether we meet in our Idaho Falls office or virtually from your home anywhere in Idaho, you’ll get clear guidance and practical solutions for protecting your loved one.
Contact us today to discuss your situation and learn how we can help you take the right steps, right now, to protect someone who needs you.
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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