15-5-435. GUARDIAN AD LITEM — RIGHTS AND POWERS. The guardian ad litem has the following rights and powers to fulfill the duties set forth in section 15-5-434, Idaho Code, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first.
(1) The guardian ad litem shall have the right and power to file pleadings, motions, memoranda and briefs on behalf of the protected person, and to have all of the rights of the protected person, whether conferred by statute, rule of court, or otherwise.
(2) All parties to any proceeding under this chapter shall promptly notify the guardian ad litem, and the conservator’s attorney, if any, of all hearings, staff hearings or meetings, investigations, depositions, and significant changes of circumstances of the protected person.
(3) Except to the extent prohibited or regulated by federal law, upon presentation of a copy of the order appointing the guardian ad litem, any person or agency including, without limitation, any hospital, school organization, department of health and welfare, doctor, nurse or other health care provider, psychologist, psychiatrist, police department, or mental health clinic, shall permit the guardian ad litem to inspect and copy pertinent records relating to the protected person necessary for the proceeding for which the guardian ad litem has been appointed.
History:
[15-5-435, added 2005, ch. 49, sec. 4, p. 184; am. 2015, ch. 246, sec. 2, p. 1042.]
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