• Guardianship of minor children in Idaho.Happy Children image by Mat Hayward from Fotolia.com
  
  Guardians of minor children are appointed by a court to care for the children or the children's assets. Anyone who is not a biological or adoptive parent or who does not have a child custody order from a court may need a guardianship to care for the children, enroll them in school and authorize medical care. This includes grandparents and other close relatives. If the children have substantial assets (usually more than $5,000) from inheritance, working (i.e., modeling, acting, singing), gifts or some other source, even parents should get authorization to act as a guardians of the estate and handle the children's assets
  
  

Appointment of a Guardian

• Idaho law allows a court to appoint a guardian for an unmarried minor child when the parental rights of the parents have been terminated or when the child has been neglected, abused, abandoned or the child's parents are unable to care for him. Abandonment means failing to care for or support the child for at least six months.
  
  

Choice of a Guardian

• Idaho law specifically says that advanced age or disability will not be a reason to refuse a guardianship as long as the potential guardian can care for the child. A fit guardian who has been named as guardian in a parent's will has priority over others unless the guardian fails to accept the appointment within 30 days of the notice of guardianship proceeding.
  
  

Child Protective Act

• When a court has jurisdiction over a child under the Idaho Child Protective act, that court has jurisdiction over guardianship of the child, unless the court declines to exercise that jurisdiction. The Idaho Department of Health and Welfare will be an interested party to any proceeding involving children subject to the Child Protective Act, and the Department must be served with all documents in a guardianship case.
  
  

Ending a Guardianship

• The court can always end a guardianship if the guardian has not provided adequate care. The guardianship will also end when the child no longer needs a guardian or the guardian is no longer able to serve. The child no longer needs a guardian when she turns 18, marries, dies, is adopted, or is placed with parents or another guardian. The guardian may also die or become physically incapacitated, such as by having a car accident or suffering a stroke. If the guardian is not incapacitated, but wants to end the guardianship, he has to petition the court and allow a new guardian to be appointed. In the meantime, the guardian is still responsible for the child. If the guardianship only applies to the child's assets, the guardianship will end if the assets no longer belong to the child.