Idaho Code 66-355 – Appointment of Guardian — Incompetency of Mentally Ill Person Requires Separate Proceedings — Liability for Care and Treatment Costs
Current as of: 2023 | Check for updates
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Terms Used In Idaho Code 66-355
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Facility: means any public or private hospital, state hospital, institution, mental health center, or other organization designated in accordance with rules adopted by the board of health and welfare as equipped to initially hold, evaluate, rehabilitate, or provide care or treatment, or both, for the mentally ill. See Idaho Code 66-317
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Mentally ill: means a condition resulting in a substantial disorder of thought, mood, perception, or orientation that grossly impairs judgment, behavior, or capacity to recognize and adapt to reality and requires care and treatment at a facility or through outpatient treatment. See Idaho Code 66-317
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Property: includes both real and personal property. See Idaho Code 73-114 State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
The incompetency of a mentally ill person shall be determined in the same manner that incompetency is determined in any other person and shall be a separate judicial proceeding. Any guardian appointed in the case of a mentally ill incompetent person, is subject to all the provisions of the general laws of the state of Idaho in relation to guardians and wards. Whenever a mentally ill person is receiving care and treatment in a facility in the event that incompetency is adjudicated and a guardian appointed, the court on determining the incompetency must inquire into the ability of the mentally ill person to pay for his or her expenses which arise in connection with his or her care and treatment, if any, transportation to the facility, court costs for incompetency proceedings, and for the care and treatment for such person for such time as he remains in such facility, and when there are sufficient assets in the hands of the guardian, the court may order a sale of property or such part thereof as may be necessary, and from the proceeds of such sale the guardian must pay for all expenses and reasonable charges for the patient’s care and treatment, or such part as it is possible to pay, to the director of the facility in which said mentally ill person is a patient.