Presentation on theme: "G UARDIANSHIP AND C ONSERVATORSHIP C OMPLAINT P ROCESS Nanci Thaemert Idaho Supreme Court Guardianship and Conservatorship Manager (208) 947-7458;"— Presentation transcript:
G UARDIANSHIP AND C ONSERVATORSHIP C OMPLAINT P ROCESS Nanci Thaemert Idaho Supreme Court Guardianship and Conservatorship Manager (208) ;
P URPOSE AND G OAL Purpose: Provide a standardized procedure for complaints against guardians or conservators appointed by the court. Goal: To protect the health, safety or assets of a person under guardianship or conservatorship and to streamline a process to get concerns addressed.
I DAHO C OURT A DMINISTRATIVE R ULE 54.1 The court can review communication from the public which might be considered ex parte: 1) To carry out the court’s oversight role in guardianship/conservatorship cases; and 2) When the communication is about the statutory responsibilities of a guardian or conservator.
CLERK PROCEDURES Receiving Complaints 1. No in-person or telephonic complaints. 2. Direct the public to the location of the form and the mailing address: 3. Recommend one individual in each county assigned to process complaints.
CLERK PROCEDURES Processing Complaints 1. File stamp and enter documents in ROA 2. 3 working days to send a notice letter of receipt to the complainant and the GAL if one is appointednotice letter of receipt 3. If complete, send to assigned magistrate judge for review 4. If form is incomplete, mail the standardized letter to the complainant explaining the form is incomplete and include a blank formstandardized letter
CLERK PROCEDURES Processing Complaints con’t 5. Within 10 working days the magistrate judge can: a) Order a hearing or additional reports; b) Appoint a GAL; c) Refer to a court visitor, attorney or appointed GAL; d) Refer to agency; and/or e) Decline to take further action. 6. Within 3 working days the clerk will send a standardized letter of action taken. standardized letter