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S1357................................................by JUDICIARY AND RULES GUARDIANSHIP - Amends existing law to revise the order of priority for appointment as guardian. 02/03 Senate intro - 1st rdg - to printing 02/04 Rpt prt - to Jud 02/17 Rpt out - rec d/p - to 2nd rdg 02/18 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 33-0-2 AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow, Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Walton, Wheeler, Whitworth, Williams NAYS--None Absent and excused--Danielson, Davis Floor Sponsor - Darrington Title apvd - to House 02/28 House intro - 1st rdg - to Jud 03/16 Rpt out - rec d/p - to 2nd rdg 03/17 2nd rdg - to 3rd rdg 03/29 3rd rdg - PASSED - 67-0-3 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Geddes, Jaquet, Stone Floor Sponsor - Clark Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 179 Effective: 07/01/00
S1357|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1357 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO GUARDIANSHIPS; AMENDING SECTION 15-5-311, IDAHO CODE, TO REVISE 3 THE ORDER OF PRIORITY FOR APPOINTMENT AS GUARDIAN AND TO MAKE TECHNICAL 4 CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-5-311, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-5-311. WHO MAY BE GUARDIAN -- PRIORITIES. (a) Any competent person or 9 a suitable institution may be appointed guardian of an incapacitated person. 10 (b) The person preferred by the incapacitated person shall be appointed 11 guardian unless good cause be shown why appointment of such person is contrary 12 to the best interests of the incapacitated person. If the incapacitated person 13 is unable to express a preference, any previous expression, including a dura- 14 ble power of attorney for health care, may be considered by the court. 15 (c) Persons who are not disqualified have priority for appointment as 16 guardian in the following order: 17 (1) The person preferred by the incapacitated person. The court shall 18 always consider the wishes expressed by an incapacitated person as to who 19 shall be appointed guardian; 20 (2) Tthe spouse of the incapacitated person; 21 (23)aAn adult child of the incapacitated person; 22 (34)aA parent of the incapacitated person, including a person nominated 23 by will or other writing signed by a deceased parent; 24 (45)aAny relative of the incapacitated person with whom he has resided 25 for more than six (6) months prior to the filing of the petition; 26 (56)aA person nominated by the person who is caring for him or paying 27 benefits to him;28(6) the person preferred by the incapacitated person. The court shall29always consider the wishes expressed by an incapacitated person as to who30shall be appointed guardian.
STATEMENT OF PURPOSE RS 09760 Last year, the legislature amended this statute by the addition of subpart b, making it clear that the wishes of the incapacitated person for appointment of a guardian should be followed unless there was good cause show otherwise. However, it has become clear that the order of priority in subpart c must also be changed to carry this out. Therefore, the bill amends subpart c of the statute by placing part 6 of subpart c in first position, and moving each of former parts 1 through 5 down one level. This carries out the intent of the prior amendment. FISCAL NOTE This bill should have no effect on revenues or expenditures. CONTACT: Robert L. Aldridge 1209 North Eighth Street Boise, Idaho 83702-4297 Telephone: office: (208) 336-9880 home: (208) 888-4668 Fax: (208) 336-9882 e-mail: roberta@micron.net STATEMENT OF PURPOSE/FISCAL NOTE S 1357