A completed Referral form is sent to the Board of Community Guardian via facsimile or mail. The referral must give compelling information on the status of the potential ward, SUPPORTED WITH A PHYSICIAN’S LETTER ON OFFICIAL LETTERHEAD STATING THE PATIENT’S CONDITION AND WHY THE PERSON IS INCAPACITATED. A referral will not be considered complete unless it is accompanied by a doctor’s letter.
Idaho Code 15-5-101 defines “INCAPACITATED” as any person (EXCEPT “DEVELOPMENTALLY DISABLED”) who is impaired to the extent that he or she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning himself; this includes any person who is unable to perform the normal tasks of daily living and who requires help from others in order to cope with those demands.
The Board may review the application at its next scheduled monthly meeting, or in the case of an emergency, a poll is taken of the Board members over the telephone.
The Executive Director is then assigned to fully investigate the facts and circumstances as set forth in the Referral. This investigation will attempt to determine whether there are funds available to the potential ward for legal or guardianship services and if a qualified family member or friend is willing to serve as guardian/conservator. If so, the Board will decline the case. If the ward is indigent, the Executive Director will investigate financial documents and medical records to make a full report and recommendation to the Board at its next regularly scheduled meeting.
A decision of whether to take the case is made by the Board. The Chairman presents the documentation to the Prosecuting Attorney’s Office who will prepare a petition and present it to the court. The court then appoints The Board as Guardian and the Board in turn matches one of their designated representatives to the case.
The Ada County Guardianship Monitoring Program (a division of the Fourth District Court) monitors all Guardian, but the designated representative will work directly with the Executive Director in fulfilling the duties of Board.