By: Susan M Graham, Certified Elder Law Attorney, Senior Edge Legal, Boise, Idaho
Bulletin: Old news – People do steal from minor children and disabled or incapacitated adults [referred to as a “ward” in the legal system.]
The Idaho Legislature, trying to make this less likely, passed a law that requires all persons petitioning to be a guardian for a “ward” to submit to and pay for a fingerprinting, criminal history and background check before they can start the Court process to be appointed. This law went into effect on July 1, 2013. The estimated cost of the criminal history and background check, which must be done through the FBI, is $65. In addition, any individual residing in a residence with the “ward” also may have to submit to such a background check, and the fees are to be paid at the proposed guardian’s expense.
An exception to this rule is no such report is provided for an institution, or a legal or commercial entity.
Petitioners can register for a background check and schedule an appointment for fingerprints at this website:https://chu.dhw.idaho.gov/.
The concept of the new law is great. Unfortunately, this creates an additional hurdle to provide protection for vulnerable people. I am not sure enough laws can be passed to stop people from the shameful and illegal acts of stealing from those they are supposed to protect.
 Idaho Code Section 15-5-308 and 15-5-311 (5)