SENATE BILL NO. 1325
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S1325................................................by JUDICIARY AND RULES
CONSERVATORS - Amends existing law to revise the priority of who may be
appointed conservator.
01/22 Senate intro - 1st rdg - to printing
01/23 Rpt prt - to Jud
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/12 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Gannon
Floor Sponsor - Jorgenson
Title apvd - to House
02/13 House intro - 1st rdg - to Jud
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 60-0-10
AYES -- Anderson, Andrus, Barrett, Bayer, Bell, Bilbao, Bock, Boe,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Roberts, Ruchti,
Rusche, Sayler, Shepherd(02), Shepherd(08), Shively, Smith(30),
Smith(24), Snodgrass, Stevenson, Thayn, Thomas, Vander Woude,
Wood(27), Mr. Speaker
NAYS -- None
Absent and excused -- Bedke, Black, Block, Raybould, Ringo, Schaefer,
Shirley, Trail, Wills, Wood(35)
Floor Sponsor - Luker
Title apvd - to Senate
03/11 To enrol
03/12 Rpt enrol - Pres signed - Sp signed
03/13 To Governor
03/17 Governor signed
Session Law Chapter 145
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1325
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO APPOINTMENT OF CONSERVATORS; AMENDING SECTION 15-5-410, IDAHO
3 CODE, TO REVISE THE PRIORITY OF WHO MAY BE APPOINTED CONSERVATOR AND TO
4 MAKE TECHNICAL CORRECTIONS.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 15-5-410, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 15-5-410. WHO MAY BE APPOINTED CONSERVATOR -- PRIORITIES. (a1) The court
9 may appoint an individual, except as set forth hereafter, or a corporation
10 with general power to serve as trustee, as conservator of the estate of a pro-
11 tected person. The following are entitled to consideration for appointment in
12 the order listed:
13 (1a) aAn individual or corporation nominated by the protected person if
14 he is fourteen (14) or more years of age and has, in the opinion of the
15 court, sufficient mental capacity to make an intelligent choice;
16 (b) The individual or corporation nominated as conservator of the pro-
17 tected person in the financial power of attorney of the protected person,
18 or if no such nomination is made therein, the individual or corporation
19 nominated as agent therein, provided that:
20 (i) If the nomination is of coconservators, or coagents, as appro-
21 priate, the court may consider whether appointment of coconservators
22 is in the best interests of the protected person or whether a sole
23 conservator should be appointed;
24 (ii) If several individuals or corporations are nominated in order
25 of priority, the court shall consider such nominations in that order
26 of priority; and
27 (iii) If more than one (1) financial power of attorney made by the
28 protected person exists, the court shall determine which financial
29 power of attorney is appropriate to be the basis for nomination of a
30 conservator;
31 (2c) tThe spouse of the protected person;
32 (3d) aAn adult child of the protected person;
33 (4e) aA conservator, guardian of property or other like fiduciary, (but
34 not a fiduciary serving only as a trustee), appointed or recognized by the
35 appropriate court of any other jurisdiction in which the protected person
36 resides;
37 (5f) aA parent of the protected person, or a person nominated by the will
38 of a deceased parent;
39 (6g) aAny relative of the protected person with whom he has resided for
40 more than six (6) months prior to the filing of the petition;
41 (7h) aA person nominated by the person who is caring for him or paying
42 benefits to him.
43 (b2) A person in priorities (2c), (3d), (4e), (5f), or (6g) of subsec-
2
1 tion (a1) of this section may nominate in writing a person to serve in his
2 stead. With respect to persons having equal priority, the court is to select
3 the one who is best qualified of those willing to serve. The court for good
4 cause, may pass over a person having priority and appoint a person having less
5 priority or no priority.
6 (c3) No convicted felon shall be appointed as a conservator of the estate
7 of a protected person unless the court finds by clear and convincing evidence
8 that such appointment is in the best interests of the protected person.
STATEMENT OF PURPOSE
RS: 17503
As a similar bill is providing for nomination of a guardian, the
ability of an incapacitated person to nominate a conservator has
generally been believed to include the nomination through naming
the person as the agent in a financial power of attorney. This
bill makes that nomination status clear. Additionally, the Uniform
Power of Attorney act currently before the legislature provides for
the ability of a person to make an actual nomination of a
conservator within a financial power of attorney, and this bill
also recognizes that nomination, and clarifies various factual
situations that may arise, such as co-agents, or multiple financial
powers (for example, a person might have both a limited power of
attorney for certain types of actions and a concurrent general
power of attorney).
FISCAL NOTE
This bill will have no fiscal impact.
CONTACT:
Robert L. Aldridge, Trust & Estate Professionals of Idaho, Inc.
Telephone: office: (208) 336-9880 Cell: (208) 631-2481
STATEMENT OF PURPOSE/FISCAL NOTE S 1325