Public-domain · open source
OpenJurist

Idaho Code § 15-5-420

Conservators — Title by appointment

Applied in 1 court decision — leading case 184 Wash. App. 462 - OneWest Bank, FSB v. Erickson (2014)

Most recently applied in 184 Wash. App. 462 - OneWest Bank, FSB v. Erickson (November 2014)

I.C., § 15-5 -420, as added by 1971, ch. 111, § 1, p. 233; am. 1982, ch. 285, § 11, p. 719; am. 2005, ch. 48, § 1, p. 180.

(1) The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact, or to the part thereof specified in the order. An order specifying that only a part of the property of the protected person vests in the conservator creates a limited conservatorship.

(2) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.

(3) Until termination of his appointment, a conservator has the same power over the title to property of the protected person’s estate that an absolute owner would have, provided however, that such power is held in trust for the benefit of the protected person. This power may be exercised without notice, hearing, or order of the court.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.