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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 - 2000
IN 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 shall
29 always consider the wishes expressed by an incapacitated person as to who
30 shall 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