Streamlined Complaint Process for Guardianship and Conservatorship in Idaho
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The Idaho Supreme Court provides a standardized procedure for filing complaints against guardians or conservators appointed by the court. This process ensures the health, safety, and assets of individuals under guardianship or conservatorship are protected. Complaints must be submitted in writing, as in-person or phone complaints are not accepted. The clerks will acknowledge receipt of the complaint within three working days, leading to a review by a magistrate judge who can take necessary actions within ten days. For more information, visit http://www.isc.idaho.gov/guardianship/complaintprocess.
Streamlined Complaint Process for Guardianship and Conservatorship in Idaho
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Presentation Transcript
Guardianship and Conservatorship Complaint Process Nanci Thaemert Idaho Supreme Court Guardianship and Conservatorship Manager (208) 947-7458; nthaemert@idcourts.net
Purpose and Goal 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.
Idaho Court Administrative Rule 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 • No in-person or telephonic complaints. • Direct the public to the location of the form and the mailing address: http://www.isc.idaho.gov/guardianship/complaintprocess • Recommend one individual in each county assigned to process complaints.
CLERK PROCEDURES Processing Complaints • File stamp and enter documents in ROA • 3 working days to send a notice letter of receipt to the complainant and the GAL if one is appointed • If complete, send to assigned magistrate judge for review • If form is incomplete, mail the standardized letter to the complainant explaining the form is incomplete and include a blank form
CLERK PROCEDURES Processing Complaints con’t • Within 10 working days the magistrate judge can: • Order a hearing or additional reports; • Appoint a GAL; • Refer to a court visitor, attorney or appointed GAL; • Refer to agency; and/or • Decline to take further action. • Within 3 working days the clerk will send a standardized letter of action taken.