UGCOPA adds discretionary appointment of counsel for parents

In 2026, Idaho enacted SB 1240, the Uniform Guardianship, Conservatorship, and Other Protective Arrangements (UGCOPA) Act (effective Jan. 1, 2027).

Guardianship

Establishment

Like the prior statute, appointment of a guardian for an unmarried minor under the UGCOPA Act may occur “if all parental rights of custody have been terminated by prior court order or upon a finding that the child has been neglected, abused, or abandoned or that the child’s parents are unable to provide a stable home environment.” Idaho Code Ann. § 15-5-201(4)(a).

The prior law was silent about whether parents were entitled to appointed counsel in guardianship and conservatorship cases.  Current law provides for discretionary appointment in plenary guardianship cases, permitting the court to appoint counsel if any of the following three conditions are met:

(a) The parent objects to appointment of a guardian for the minor;
(b) The court determines that counsel is needed to ensure that consent to appointment of a guardian is informed; or
(c) The court otherwise determines the parent needs representation.

Idaho Code Ann. § 15-5-204(5); but see § 15-5-208, which is silent about appointment of counsel for parents in matters related to emergency guardianship of their child, and § 15-5-211, which is silent about appointment in removal and termination matters.

Conservatorship

Establishment

Similar to the provision covering guardianship of a minor, appointment for parents is discretionary in certain circumstances.  The court may appoint counsel for a parent whose child is the subject of a plenary conservatorship matter if the parent objects; the court determines that counsel is needed to ensure informed consent of the parent; or “[t]he court otherwise determines the parent needs representation.” Idaho Code Ann. § 15-5-208(3); but see Idaho Code Ann. § 15-5-413, which is silent about appointment of counsel for parents in emergency conservatorship matters, and § 15-5-415, which is silent about appointment in removal and modification matters.