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H0151................................by JUDICIARY, RULES AND ADMINISTRATION
GUARDIANS - Amends existing law to provide for fines and surcharges in the
event of misfeasance or malfeasance by a conservator or guardian.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 66-2-2
AYES -- Alltus, Barraclough, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kunz, Lake, Limbaugh, Loertscher, Mader,
Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor(Taylor), Tilman,
Tippets, Trail, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Barrett, Kendell
Absent and excused -- Linford, Watson
Floor Sponsor - Smith
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Jud
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Ingram
Title apvd - to House
03/11 To enrol
03/12 Rpt enrol - Sp signed
03/15 Pres signed
03/16 To Governor
03/18 Governor signed
Session Law Chapter 108
Effective: 07/01/99
H0151|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 151 BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO ACCOUNTS AND REPORTS OF CONSERVATORS AND GUARDIANS; AMENDING SEC- 3 TION 15-5-419, IDAHO CODE, TO PROVIDE FOR FINES AND SURCHARGES IN THE 4 EVENT OF MISFEASANCE OR MALFEASANCE BY A CONSERVATOR OR GUARDIAN. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 15-5-419, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 15-5-419. ACCOUNTS AND REPORTS. (a) Every conservator or 9 guardian shall submit a written annual report to the court concerning the sta- 10 tus of the ward and of the ward's estate that has been under the guardian's or 11 conservator's control. The guardian or conservator shall also be required to 12 provide copies of the report to all persons listed by the court as having an 13 interest in receiving copies of the report. The court may order more frequent 14 reports by its own ruling or pursuant to a petition of any person interested 15 in the ward's welfare. Every conservator must account annually, or as other- 16 wise directed by the court, and upon his resignation or removal. On termina- 17 tion of the protected person's minority or disability, a conservator shall 18 account to the court and shall account to the former protected person or his 19 personal representative. Subject to appeal or vacation within the time permit- 20 ted, an order, made upon notice and hearing, allowing an intermediate account 21 of a conservator, adjudicates as to his liabilities concerning the matters 22 considered in connection therewith; and an order, made upon notice and hear- 23 ing, allowing a final account adjudicates as to all previously unsettled lia- 24 bilities of the conservator to the protected person or his successors relating 25 to the conservatorship. In connection with any account, the court may require 26 a conservator to submit to a physical check of the estate in his control, to 27 be made in any manner the court may specify. 28 (b) If a conservator or guardian: 29 (1) Makes a substantial misstatement on filings of any required annual 30 reports; or 31 (2) Is guilty of gross impropriety in handling the property of the ward; 32 or 33 (3) Willfully fails to file the report required by this section, after 34 receiving written notice of the failure to file and after a grace period 35 of two (2) months have elapsed; 36 then the court may impose a fine in an amount not to exceed five thousand dol- 37 lars ($5,000) on the conservator or guardian. The court may appoint a guardian 38 ad litem for the ward on its own motion or on the motion of any interested 39 party to represent the ward in any proceedings hereunder and may also appoint 40 appropriate persons or entities to make investigation of the actions of the 41 conservator or guardian. The court may also order restitution of funds misap- 42 propriated from the estate of a ward and may impose a surcharge upon the con- 43 servator or guardian responsible for such misappropriation for all damages, 2 1 costs and other appropriate sums determined by the court, in addition to any 2 fine imposed including, but not limited to, any fees and costs of the guardian 3 ad litem. The court may take any other actions which are in the best inter- 4 ests of the ward and the protection of the assets of the ward. Any sums 5 awarded hereunder shall be paid by the conservator or guardian and may not be 6 paid by the estate of the ward. The court may enter judgment against a con- 7 servator or guardian for any or all of the foregoing, and may impose judgment 8 against any bond of such conservator or guardian.
STATEMENT OF PURPOSE
RS 08799
Many conservators and guardians do not file accountings as
required by the Court or file inadequate accountings. Such
failures may be deliberate, to cover misappropriation of the
assets of the estate of the ward. Enforcement of the duty of
accounting, and recovery of misappropriated funds, is difficult
under the existing statute, since the ability of the Court to
effectively investigate and, if appropriate, penalize the
fiduciary for failure to comply with its duties, was unclear or
non-existent. This bill would add teeth to the existing statute
by giving the Court clear authority to investigate any possible
wrong-doing, appoint a guardian ad litem and other appropriate
persons or entities to investigate and represent the ward, and,
if appropriate, impose fines, order recovery of misappropriated
assets, and surcharge the fiduciary for damages and costs caused
by the fiduciary. The bill also allows the Court to enter
judgment against the fiduciary and the bond of the fiduciary for
all such amounts.
FISCAL NOTE
This bill should have no effect on expenditures. The bill may
cause some additional revenues to the Court through fines and
should also make Court enforcement of fiduciary duties more
efficient, and therefore less costly.
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: robertadmicron.net
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 151